Portland NORML News - Friday, January 1, 1999
-------------------------------------------------------------------

Man, mother arrested after police find marijuana plants at home
(The Associated Press says that despite Washington state's new
medical-marijuana law, Tacoma prohibition agents busted a 61-year-old woman
and her blind son who has AIDS after finding three marijuana plants
in their home. Police contend they acted properly because Kelly Grubbs, 35,
and Tracie Morgan had no medical documents showing they were exempt
from the law. Dr. Rob Killian, Grubbs' physician, acknowledged Thursday
that he never gave the Tacoma man any document, but Killian said it should
have been obvious to police that Grubbs' use of the controlled substance
was covered by the initiative.)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "_Drug Policy --" (when@hemp.net)
Subject: WA Man, mother arrested after police find marijuana plants at home
Date: Fri, 1 Jan 1999 19:24:58 -0800
Sender: owner-when@hemp.net

Man, mother arrested after police find marijuana plants at home

The Associated Press
01/01/99 5:12 PM Eastern

TACOMA (AP) -- A 61-year-old woman and her blind son who has AIDS were
arrested after Tacoma police found three marijuana plants in their home.

The American Civil Liberties Union of Washington is investigating whether
the arrests thwarted the intent of a recently passed initiative that lets
patients with certain illnesses grow and keep a 60-day supply of marijuana.

"At this point, we don't know what end is up. We are still wanting to know
the details," said Gerard Sheehan, ACLU legislative director. "But we're
real interested in this, and we are very concerned if the facts turn up to
be as we have been told."

Police contend they acted properly because Kelly Grubbs, 35, and Tracie
Morgan had no medical documents showing they were exempt from the law, which
also provides protection for caregivers. Morgan is Grubbs' designated
caregiver.

In addition, it requires people claiming the right to possess small amounts
of marijuana have police documented evidence that they are exempt from
prosecution. That would usually include medical records proving the
existence of terminal or debilitating disease and a document showing that a
physician had discussed the potential medical benefits with the patient.

Dr. Rob Killian, Grubbs' personal physician, acknowledged Thursday that
although he had talked to Grubbs about the medical benefits of marijuana in
November, he never gave the Tacoma man any document confirming the
discussion.

But, Killian said, it should have been obvious to police that Grubbs' use of
the controlled substance was covered by the initiative.

"This is not a borderline case," he said. "This was a clearcut, obvious
mistake."

Grubbs spent Wednesday night in jail and was released Thursday.

"He spent two days in jail getting his head screwed up and his body, too,"
Morgan said. "I'm really worried about him. I'm very upset."

Her son was diagnosed with an advanced stage of AIDS in 1996, she said.
Since then, he has had a stroke, lost his eyesight and is semiparalyzed on
one side of his body.

But medications have caused a recent rebound, she said and marijuana is
playing a role in improving Grubbs' eyesight.

Federal law classifies marijuana as a Schedule I drug, meaning it is
dangerous and has no medical benefit. Drugs such as cocaine and morphine are
Schedule II drugs, which can be prescribed legally but are controlled
because of the potential for abuse.

Marijuana proponents say the drug has significant medical benefits,
including reduction of nausea for cancer patients going through
chemotherapy.

There is still no legal way to obtain marijuana, despite the new law, which
took effect Dec. 3. While it provides a legal defense to some seriously ill
people and their caregivers if they are charged with illegal possession of
marijuana, it doesn't prohibit police from investigating patients' use in
the first place.

Police came to Morgan's home on Wednesday when the electronic beeper Grubbs
wears to summon help in emergencies was accidentally activated.

Responding officers noticed the marijuana plants -- obtained from an
organization that sells them to sick people -- and asked about them.

"We told them right away, `Hey, we are medically legal,"' Morgan said.

They were arrested when they couldn't show the required documented proof.

Morgan was bailed out of jail quickly but Grubbs remained because of
unresolved charges involving a 1987 case of possession of less than a gram
of marijuana and a 1991 trespassing case.

Tacoma police spokesman Jim Mattheis said no charges will be filed against
Grubb and Morgan pending further investigation.
-------------------------------------------------------------------

Prisons: Trying to catch up (The News Tribune, in Tacoma, Washington,
says Governor Gary Locke is proposing a major prison construction program
that will burden the state with eight prisons by 2003. "We're building a new
1,000-bed prison every 26 months," Locke said after revealing his budget plan
last month.)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "HempTalkNW" (hemp-talk@hemp.net)
Subject: HT: WA Prisons: Trying to catch up
Date: Fri, 1 Jan 1999 19:18:40 -0800
Sender: owner-hemp-talk@hemp.net

Prisons: Trying to catch up
When state opens next one, it'll be time to build another, Locke says

Joseph Turner; The News Tribune

OLYMPIA - The state will open a new prison near Aberdeen next year, but it
won't take long for it to fill up with the 1,936 inmates it is designed to
house.

State prisons already are so crowded that the state Department of
Corrections is sending 150 to 200 prisoners to other states later this
month. And that number could increase by several hundred by January 2000,
when the $194 million Stafford Creek Corrections Center in Grays Harbor
County opens.

So Gov. Gary Locke is proposing a major prison construction program that
will add space at existing prisons and add yet another new prison - the
state's eighth - by 2003.

"We're building a new 1,000-bed prison every 26 months,'' Locke said after
revealing his budget plan last month.

Once Stafford Creek opens, Washington will start taking back its prisoners
from out of state, said Jim Thatcher, the prison system's chief of
classification and treatment. But there won't be any room left over.

"Most of the bed space already will be accounted for by the time Stafford
Creek comes on line," Thatcher said.

Ten years ago, Washington prisons had a surplus of space - so much, in fact,
that as many as 2,000 inmates from other states were being housed here, for
a fee.

But Washington's prison population is on the rise. Voters and the
Legislature have passed laws to mete out longer sentences to sex predators,
repeat offenders and armed felons. And the segment of the population that is
most likely to commit crimes - men between the ages of 18 and 54 - is
growing.

As of October, there were 14,259 men and women in state prisons, including
those in work-release and pre-release centers. That number is expected to
swell to 15,600 by mid-2001.

In some prisons, inmates live in cells with double bunks while prison
officials wait for the new buildings to come on line. Inmates in minimum- or
medium-security facilities can share cells, but not criminals who are in
maximum security, Thatcher said.

Last year, nearly 7,000 people were sent to prison, while only 5,900 were
released. That trend, noted by Locke, has state prison officials already
looking for a place to build another 1,936-bed prison at an estimated cost
of $243 million. Design work would begin next year, but the new facility -
the state's eighth major prison - wouldn't be built until 2003.

In the meantime, Locke is asking the Legislature for $277 million over the
next two years to design, build or expand prison buildings. Among those
projects:

McNeil Island: A new building for sex predators who have completed their
prison sentences but have been civilly committed for treatment. There are
60-80 former inmates in the Special Commitment Center today, but the new $42
million facility would house 200.

"That population is growing more rapidly than originally projected," said
Lanny Snyder, capital programs facility manager for the prison system. "We
want to build them their own building inside the prison walls."

That project would not be built until the 2001-03 budget period.

Purdy: The Women's Correction Center at Purdy will be expanded to provide a
new building for inmates with mental problems, physical disabilities or
geriatric needs and to serve as a reception center for incoming inmates.

The new building also is for 16- and 17-year-old girls who are serving
sentences at adult institutions. They must be kept separate from the main
prison population, a provision which also applies to teenaged inmates at
male prisons.

More than 1,000 state prison inmates are women.

The $25 million addition would be built over the next two years.

Walla Walla: "Lethal fences" would be installed around the building that
holds death-row and other dangerous inmates at the state penitentiary. The
electrified fences are intended as a security and cost-saving measure. It
will cost less to operate the prison because not as many guards will be
needed to watch prisoners from the towers, Snyder said.

"A number of states have gone to a lethal fence system," Snyder said. "It's
an electrified fence that can be set for stun-only. It would not be a lethal
dose, but it would be enough of a shock to deter them."

However, he added, the fences also could have enough voltage to kill an
inmate, so they could be set to stun the first time they are touched and to
kill the next time. Prison officials haven't decided what kind of system to
install yet.

Monroe: Design work would begin on a 512-bed expansion of the Twin Rivers
Corrections Center. The $70 million prison wing wouldn't be built until
2001-03.

In addition, the Special Offender unit, which has 144 inmates with acute
mental problems, would be expanded to house 400 prisoners. That $43 million
project would be built over the next two years.

A 100-bed Intensive Management Unit also would be built at the State
Reformatory at Monroe to house the most difficult inmates. Design work would
begin next year on what eventually would be a $22 million facility.

Joseph Turner covers state government. Reach him at 253-597-8436 or by
e-mail at jjt@p.tribnet.com

***

[sidebar:] South sound stakes in the governor's capital budget

Prisons and colleges would get the bulk of the money in Gov. Gary Locke's
proposed $2 billion capital budget for the next two years. Here are some of
the smaller projects of local interest in Locke's 1999-2001 budget proposal:

University of Washington Tacoma

* $37.7 million for Phase 2 construction of 83,700 square feet of new and
renovated space for about 600 students. The project includes a new science
building and a new classroom building.

Tacoma Community College:

* $1.7 million for a 10,000-square foot addition to the existing student
center.

* $1.5 million to renovate Building 5 to allow space to increase enrollment.
Construction from July 2000 to May 2001.

Bates Technical College:

* $8.4 million for renovations.

Clover Park Technical College:

* $1.2 million to design what eventually would be an $18.7 million
Transportation Trades building for automotive technician, auto-body
technician, automotive parts merchandiser, automotive upholstery and glass,
recreational vehicle technician and marine programs. Construction between
March 2000 and February 2001.

* $9.5 million to build an aviation trades facility for aircraft
maintenance, mechanics and repair and pilot-training programs. Construction
between July 1999 and November 2000.

Green River Community College:

* $3.4 million to replace electrical and mechanical systems and make
buildings compliant with Americans with Disabilities Act. Construction from
July 2001 to July 2002.

* $1.53 million contract to remodel Lindbloom Student Center building.

* $7.5 million to buy and develop property in downtown Kent.

* $350,000 to buy Lea Hill Park from King County.

* $3.4 million for drama and music classrooms and labs.

Highline Community College:

* $6 million to build a 22,500-square-foot addition and renovation of
Building 30 to accommodate computer labs, new entryway and fire sprinklers.
Construction between September 1999 and October 2000.

* $117,000 for predesign of what eventually would be an $18 million 21st
Century Careers Center for occupational training. Construction would not
begin until July 2003.

* $2 million to buy the Federal Way Center, currently being leased by the
college for classrooms.

Museum of history and industry:

* $5.75 million to move the Museum of History and Industry in Seattle from
its present location near the University of Washington into the Washington
State Convention and Trade Center in downtown Seattle.

State Historical Society:

* $1.7 million for earthquake-resistant work at the Stadium Way facility.

Rainier School:

* $450,000 for the laundry facilities at the Buckley school for the
disabled.

Western State Hospital:

* $800,000 to finish renovation of a mental hospital ward.

Orting Soldiers Home:

* $1.8 million to upgrade the fire alarm, electrical and heating systems.

Minter Creek:

* $400,000 to finish renovation of the fish hatchery.

Court of Appeals - Tacoma:

* $2.45 million for office renovations.

The governor's proposed budget also would designate $5.6 million for the
Building for the Arts Program, which provides up to 15 percent of the cost
of projects if local groups come up with the balance. Among those projects
are:

* International Glass Museum in Tacoma ($750,000)

* Knutzen Theatre in Federal Way ($413,000)

* Tacoma Art Museum ($1.25 million)

(c) The News Tribune

***

hemp-talk - hemp-talk@hemp.net is a discussion/information
list about hemp politics in Washington State. To unsubscribe, send
e-mail to majordomo@hemp.net with the text "unsubscribe hemp-talk".
For more details see http://www.hemp.net/lists.html
-------------------------------------------------------------------

Man Of The Year: Marvin Chavez (OC Weekly says the medical marijuana
patient's "crime" was providing marijuana to other terminally ill
and disabled Orange County residents. And unlike the police and prosecutors
whose efforts led to his conviction last month on three marijuana-related
felony charges, Chavez is anything but sophisticated. A straight-forward man
by nature, the 42-year-old Santa Ana resident's chief crime was that
he believed in the goodwill of the law-enforcement community and seriously
misunderstood the legal complexities of Proposition 215, California's 1996
"Compassionate Use" initiative. It's too bad Chavez didn't wait for elected
leaders to catch up to voters. Had he waited, he might have been celebrated
as a hero. But to the hundreds of people in Orange County whose lives
have been made more endurable because of the sympathy and bravery
of Marvin Chavez, there's no waiting. He's already a hero.)

Date: Mon, 4 Jan 1999 19:43:16 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Man Of TheYear: Marvin Chavez
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: FilmMakerZ
Pubdate: Fri, 01 Jan 1999
Source: OC Weekly (CA)
Copyright: 1999, Orange County Weekly, Inc.
Contact: letters@ocweekly.com
Website: http://www.ocweekly.com/
Author: Nick Schou

MAN OF THE YEAR: MARVIN CHAVEZ

In the eyes of the law, Marvin Chavez is a convicted felon. In the
words of the man who busted him, now-retired Orange County Deputy
District Attorney Carl Armbrust, Chavez is a "street drug dealer" who
ran a "sophisticated drug operation" and "hid behind the law."

Chavez's crime was providing marijuana to terminally ill and disabled
Orange County residents. And unlike the police and prosecutors whose
efforts over the past 12 months led to his conviction last month on
three marijuana-related felony charges, Chavez is anything but
sophisticated. A straight-forward man by nature, the 42-year-old Santa
Ana resident's chief crime was that he believed in the goodwill of the
law-enforcement community and seriously misunderstood the legal
complexities of Proposition 215, California's 1996 "Compassionate Use"
initiative.

Prop. 215 passed in November 1996, when California voters
overwhelmingly voted to allow terminally ill and disabled people to
grow and smoke marijuana. As it turned out - and this is where people
like Chavez get in trouble - the law doesn't spell out precisely how
people too sick to grow marijuana for themselves can obtain a drug
still illegal under state and federal law.

Chavez's second crime was that he lives in Orange County. Had he lived
somewhere else - say Arcata or Oakland - he would still be a free man;
instead, he faces the possibility of a several-year prison sentence.

Chavez grew up in the industrial, working-class barrio of Huntington
Park. In 1972, when he was just 17, Chavez dropped out of high school.
He begged his mother to sign paperwork allowing him to join the Marine
Corps Reserve before his 18th birthday. She did, and Chavez served in
the Corps for the next six years. In his spare time, he worked
construction jobs and ultimately went into business for himself as a
small contractor. He married and fathered two children, and then like
millions of people who survived the 1980s, he developed a bad habit:
cocaine. In 1991, Chavez was convicted of possession and sent to
Tehachapi state prison for two years.

Determined to get his life on track, Chavez participated in a
work-furlough program. While being transported with several other
inmates to a work site, Chavez suffered a back injury when the van he
was in struck a parked Jeep.

"From that day on, for the next five years, I was misdiagnosed,"
Chavez says. "They thought I was horseplaying because I was a convict."

Chavez was transferred to the state prison in Chino, where he worked
in the dining room. Mopping the floor one day in 1992, Chavez slipped
and injured his back once again. Unable to walk or stand straight, he
was finally given some pills and a back brace before being released
from prison the next year.

Free once again, Chavez found himself in constant pain. Worse, the
medication he had been prescribed was turning him into a zombie. He
didn't just feel no pain; he felt nothing at all and was incapable of
even leaving the house. "The medication made me a hermit," he
remembers. "I had mood swings. I didn't want to communicate with my
sons. The side effects were too hard on me. I didn't want to be around
people."

He went to a doctor who ran a blood test and made the startling
discovery that Chavez was suffering the onset of a genetically
inherited spinal condition that can sometimes be triggered by back
trauma. The disease, anklyosing spondilitis, inevitably fuses the
victim's bones until complete paralysis takes over. It's a process
that is as excruciatingly painful as it sounds.

From visits to a public library and through appointments with local
doctors, Chavez learned that many in the medical community saw
marijuana as a safer, healthier painkiller and appetite-inducer than
several of the medications he was already taking.

Shortly after Prop. 215 passed, Chavez, then living in Garden Grove,
decided to set up a nonprofit cannabis co-op, the Orange County
Cannabis Patient- Doctor-Nurse Support Group. His goal was to help
make marijuana available to sick people on fixed incomes who were
unable to grow it for themselves.

If Chavez was a drug dealer, he was an inept one. In late 1996, just
weeks after Prop. 215's passage, he spoke with Garden Grove city
officials, announcing his intention to open the co-op. He pleaded
fruitlessly with the city elders for permission to set up an office
somewhere in the city and wrote letters to Orange County Sheriff Brad
Gates expressing his hope that OC law enforcement would work with him
to ensure that the co-op would remain on the good side of the law. He
religiously advertised his efforts in the local media, expanding on
his vision with any reporter who would listen.

The press interviews, the City Hall speechifying, the letters: it was
an odd campaign for someone allegedly trying to run a criminal drug
operation. But that's exactly what authorities said Chavez was doing
when they arrested him in January 1998.

Officials say they first discovered Chavez's criminal activities in
late 1997, when police busted former San Bernardino County Sheriff's
Deputy David Herrick in a hotel room with several baggies of marijuana
marked "Not for Sale. For Medical Purposes Only." Herrick admitted he
was a member of Chavez's co-op and allegedly told the cops he worked
for Chavez.

It was in the first week of January 1998 at Herrick's trial in the
Orange County Superior Courthouse in Santa Ana that Chavez met the man
who would ultimately make this a year he'll never forget: Armbrust.
Armbrust approached Chavez and asked him if he had received his
subpoena to appear at Herrick's trial. Chavez said yes and introduced
himself. The two shook hands. The rest is history.

What follows is only a brief summary of the major events of Chavez's
life, culled from the pages of the OC Weekly over the past 12 months:

On Jan. 14, just days after Chavez shook hands with Armbrust, police
arrested Chavez and charged him with eight felony counts of selling
marijuana. After a few days in county jail (during which time he was
denied access to his medicine), a judge released Chavez with the
admonition that he stop providing marijuana to members of his co-op.
At the time, Chavez promised to do that. But when a patient Chavez had
been helping-and who also had been subpoenaed by Armbrust to appear at
Herrick's trial-died of cancer, Chavez had had enough of being told
what to do.

Police arrested Chavez again, along with OC cannabis co-op co-founder
Jack Schacter, on April 9. They charged the pair with several more
counts of selling marijuana to sick members of the co-op. The
rationale: since money sometimes changed hands (because Chavez and
Schacter accepted $20 donations to keep their co-op going), it was illegal.

Besides, police said, at least two of the people Chavez had provided
with marijuana weren't even sick, although they did have doctors'
notes saying they were. They were undercover cops equipped with a
forged doctor's note.

"I wasn't surprised at all that I was arrested," said Chavez. "I was
just surprised at how long it took for them to do it and how it
actually happened."

On July 17, Herrick, who was not permitted to use Prop. 215 as a
defense, was sentenced to spend four years in prison. A week later,
Armbrust offered Chavez five years' probation-and no jail time-in
return for a renewed promise that he would ignore his conscience and
stop distributing marijuana to members of his organization. Chavez
refused.

In November, voters in four other U.S. states and the District of
Columbia passed initiatives similar to Prop. 215. Meanwhile, Chavez's
case went to trial, and he was convicted of three felony counts of
selling marijuana and one count of sending it through the mail to a
sick co-op member in Chino. A victorious Armbrust left the courtroom
smiling; it was his last day in office, and he had gotten his man after all.

But the jury's verdict was mixed-and apparently shaped by Prop. 215.
Although it convicted Chavez of three felony charges, the jury handed
him misdemeanor convictions on five remaining charges where it
believed he was guilty only of giving away marijuana to sick people,
still a violation of state law, but consistent with the intent of Prop. 215.

Chavez faces one more hurdle in the new year: his Jan. 29, 1999,
sentencing hearing. Chavez says that if he is sent to prison, he'll
campaign to force authorities to allow him to smoke his medicine and
will organize other disabled or chronically ill patients behind bars
to stand up for their rights under the law.

By then, of course, the men who put Chavez behind bars will be gone
from public life: Armbrust; Armbrust's boss, outgoing District
Attorney Mike Capizzi; and Sheriff Brad Gates, who campaigned
vociferously against Prop. 215.

Also out of the picture will be state Attorney General Dan Lungren,
who directed the crackdown on cannabis clubs throughout the state from
his Sacramento office. He'll be replaced by the state Legislature's
Bill Lockyer, whose sister and mother died of leukemia. Lockyer voted
for Prop. 215 and followed Chavez's prosecution closely in the media.

Regardless of what happens to Chavez on Jan. 29 - and we wish him the
best - 1999 is shaping up as a much different year where Prop. 215 is
concerned. It's too bad that Chavez didn't wait for elected leaders to
catch up to voters before he risked his own liberty. Now, the
political establishment prosecutes him as a common criminal; had he
waited, he might have been celebrated as a hero. But to the hundreds
of people in Orange County whose lives have been made more endurable
because of the sympathy and bravery of Marvin Chavez, there's no
waiting. He's already a hero.
-------------------------------------------------------------------

Marijuana charges dismissed against pot advocate
(A brief Sacramento Bee version of Richard Evans' recent home invasion
by San Francisco police.)

Date: Fri, 01 Jan 1999 14:08:42 -0600
From: "Frank S. World" (compassion23@geocities.com)
Organization: Rx Cannabis Now!
http://www.geocities.com/CapitolHill/Lobby/7417/
To: editor (editor@mapinc.org), DPFCA (dpfca@drugsense.org),
Med Mj (medmj@drcnet.org)
Subject: DPFCA: US CA SACBEE: Marijuana charges dismissed against pot advocate
Sender: owner-dpfca@drugsense.org
Reply-To: dpfca@drugsense.org
Organization: DrugSense http://www.drugsense.org/dpfca/
Source: Sacramento Bee
Contact: opinion@sacbee.com
Website: http://www.sacbee.com/
Pubdate: January 1, 1999
Section: Cal Report

MARIJUANA CHARGES DISMISSED AGAINST POT ADVOCATE

SAN FRANCISCO (AP) -- The district attorney's office has dismissed charges
-- for now -- against a nationally known medical marijuana advocate after
police said they found more than $60,000 worth of packaged pot and child
pornography in his apartment.

Richard Evans, 35, was arrested after police searched his San Francisco home
last Friday night.

The charges were not permanently dismissed, but were "discharged" pending
further review, said John Shanley, a spokesman for District Attorney Terence
Hallinan. He said prosecutors planned to decide by next week whether to
refile the charges.

A silent emergency alarm alerted officers to Evans' apartment, where they
said they discovered an elaborate marijuana growing operation.

Evans was jailed on charges of cultivation and possession for sale of
marijuana and possession of child pornography.

Officers responding to the alarm forced their way into the apartment
believing it may have been triggered by someone with a medical emergency.
-------------------------------------------------------------------

Will Foster's parole recommendation on governor's desk! (A list subscriber
says the Oklahoma medical marijuana prisoner's wife has left him,
but Governor Frank Keating received his parole papers on Dec. 21
and has 30 days to sign them. Please write a polite letter suggesting
the patient who was sentenced to 93 years for growing his own medicine
has suffered enough.)
Link to earlier story
Date: Fri, 1 Jan 1999 08:22:46 EST Originator: friends@freecannabis.org From: "James R. Dawson" (jrdawson@gnv.fdt.net) To: Multiple recipients of list (friends@freecannabis.org) Subject: Will Fosters' parole recommendation on governors desk! Dear Friends, There has been rumor that Meg Foster has left her husband, Will, in his time of need. Well let me clear this up. It is true. He will get over it but he needs us now more than ever. I was informed yesterday that Will Foster has been moved in the past week to Lawton Oklahoma. I will post his address on the website as soon as I have it. Governor Keating received Will's parole papers on December 21st and has 30 days to act on it. Please write Governor Keating politely asking that he grant Will Foster parole. Will has received outstanding commendations from his direct supervisors at the prison he has been incarcerated at. They have all personally written to the Governor on Will's behalf asking that he be released asap! Write to Governor Keating at: Gov. Frank Keating State Capitol Building, Room 212 Oklahoma City, OK 73105 (P) (405) 521-2342 (F) (405) 521-3317 or (405) 523-4224 he has two fax lines, (405) 523-4224 and (405) 522-3492. Web users can contact Gov. Keating (THE GOVERNOR OF OKLAHOMA), via a web form at: http://www.state.ok.us/osfdocs/gov_mail.html Gov. Keating's wife, Cathy Keating, can be contacted via e-mail at: cathy.keating@oklaosf.state.ok.us Cases like Will Foster's cause the emotions to run strong. Please remember that we make the best impact when we are polite, even while stating the issue directly and forcefully. Thank you for your help in this matter. Sincerely, James Dawson The "Action Class" for the Freedom of Therapeutic Cannabis 1998 http://www.fairlaw.org We are an "Action Class" which connotes non-passive, lawful, dynamic forward movement, in concert with each other, continually forming alliances and growing toward the ideal of freedom and equality for all. We are a grassroots convergence OF the people, Funding the actions of the class BY the people, Allowing us to work FOR the people! Joan Bello writing on the "Action Class" for the Freedom of Therapeutic Cannabis 1998 The Action Class for Freedom of Therapeutic Cannabis Plea for members and $$$ http://gnv.fdt.net/~jrdawson/class_plea_for_members.htm The Government's own programs PROVE that marijuana is a safe and effective medicine! There are currently Eight (8) Human Test Subjects who are provided marijuana from the government's own pot farm. Am I so different from them that I am denied equal access to this most beneficial medicinal herb? Will Foster 93 sentence slashed to 20 Years by appeals court Judge! See http://www.gnv.fdt.net/~jrdawson/willsrelease.htm Meg Fosters Letter http://www.gnv.fdt.net/~jrdawson/willmegsrant.htm How you can Help...Write the Governor of Oklahoma insisting that he sign Will Fosters' Parole Papers http://www.gnv.fdt.net/~jrdawson/willsparole.htm Free Will Foster in 1998! Say it ain't so Meg!
-------------------------------------------------------------------

War On Drugs Needs A Complete Rethinking (An op-ed in the Standard-Times,
in New Bedford, Massachusetts, by Robert Whitcomb of Health Care Horizon
and the Providence Journal, says there is no indication that the emphasis
in the United States on "prevention and enforcement" has paid off. The heart
of the problem is that the focus has been on trying to decrease use,
rather than on decreasing the harm caused by the small group of users
whose actions cause the most trouble.)

Date: Fri, 1 Jan 1999 16:06:45 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: War On Drugs Needs A Complete Rethinking
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: John Smith
Source: Standard-Times (MA)
Contact: YourView@S-T.com
Website: http://www.s-t.com/
Copyright: 1999 The Standard-Times
Pubdate: Friday, January 1, 1999
Author: Robert Whitcomb

Note: Robert Whitcomb is editor of Health Care Horizon and editorial page
editor and a vice president of The Providence Journal http://www.projo.com

WAR ON DRUGS NEEDS A COMPLETE RETHINKING IN LIGHT OF ITS POOR RESULTS

Do "drug war" advocates really know what they want? Do they really seek to
reduce the overall societal harm of illicit drug use, or do they just want
to make a self-righteous statement about a human weakness?

So far, at least, the overwhelming emphasis has been on "prevention and
enforcement." This has involved massively expensive publicity campaigns,
especially to discourage young people from using drugs, as well as many
billions spent to build new prisons to house people who have problems with
illicit drugs. There is little indication that this investment has paid off.

And the heart of the problem, I think, is that the focus has been on trying
to decrease the general prevalence of use, rather than on those whose
actions cause the most trouble.

We need a far more reasonable damage standard to apply to drug use, one
that weighs the aggregate effects of drug use on society, and that aims at
lowering the worst effects of that use. So far as the health of society
goes, prevalence is really not that important. It's the extreme damage to
society that comes from a small group of users.

As many authorities have noted, most users of most drugs are not
incapacitated by their use. Rather, it is a small hard-core group
accounting for about 80 percent of total consumption that creates the
enormous problems associated with drug use. This small group first became
well known in the crack-cocaine epidemic of the '80s, when it was
responsible for a vicious rash of violence, especially in the inner cities.
Indeed, drug use was more widespread in the 1970s than in the '80s, but it
was primarily marijuana use, which does not have the violence-spawning
physical effects of cocaine.

This hard core, many of whom use crack cocaine or heroin, are those who
have the special set of severe problems associated with drug use -- not the
college kid who smokes an occasional joint.

These problems, of course, include crime, various diseases and injuries,
family violence and breakup and a host of other personal problems that
quickly become societal.

Despite the mantra of prevention, it is obvious that prevention is too late
for the already addicted who are at the root of most societal problems
caused by drug addiction, or for those whose milieu is such that they are
almost certainly going to start using illicit drugs and to stay on them.
The emphasis for these people must be on treatment.

This might have to be mandatory treatment. But we rely far too much on
prison to deal with drug problems. It would be far better to encourage the
establishment of more drug courts and similar bodies that can coerce drug
offenders into repeated testing and treatment in lieu of incarceration,
though the coercion can certainly include the threat of jail time.

There should also be a major expansion of medication therapies for the
addicted. This includes methadone and similar maintenance programs. It is
obvious, from studies here and in Europe, that such programs help decrease
crime and health problems among the hard core of long-term drug addicts.
But laws still unduly restrict the use of methadone, and similar drugs, to
specialized clinics. This should be changed. Methadone needs to be far more
widely available.

A California study found that the benefits of drug treatment were seven
times the costs. Treatment generally costs a mere 10 percent of
incarcerating someone in jail for drug possession. The latter puts hordes
of nonviolent people with no other pathologies languishing behind bars,
depriving society of the contributions of many gifted and hard-working
citizens, and training those whose offense is substance addiction in other,
far more socially destructive criminal arts.

One of the barriers to dealing more effectively with the drug problem is a
preoccupation with trying to get addicts to quit permanently. That may just
be impossible for many or most of them. But society is bound to benefit --
in lower crime, medical costs and family instability -- during any time,
however brief, when addicts are off their drugs. If treatment can keep
people clean for at least a little while, we all benefit. We shouldn't
demand perfection.

The failure to focus on the core of the drug problem means that
universalism becomes the enemy of the effective. Meanwhile, we should never
forget that not only do the hard-core addicts benefit from programs focused
on them, so, of course, do the people who become their victims when
treatment is not offered.

But should illicit drugs be legalized? Perhaps some of them, particularly
marijuana, though total decriminalization of such drugs as cocaine and
heroin might produce such a raft of public health problems, approaching
that of alcoholism, that it wouldn't be worth it. Total decriminalization,
indeed, could be just as foolishly a simple answer as the preposterous
assertion that America can be made "drug-free."

Fighting the drug war will have no end, and its pursuit will require a
constantly adjusted combination of prevention, enforcement and, especially,
treatment modalities. The appearance of new medications to ward off
withdrawal's worst aspects should help. We know enough now to say that
major inroads can be made against the drug problem, if officials are
willing to ignore the rhetoric and start looking at where most of the
ongoing "drug crisis" really resides -- with a relatively small group of
hard-core users.
-------------------------------------------------------------------

New Methadone Clinic Seizes Rich Opportunity (A staff editorial
in the New Bedford, Massachusetts, Standard-Times comments unfavorably
on city officials who think New Bedford doesn't need any more methadone
clinics because they tend to attract addicts - that is what they are
designed to do. New Bedford has enough of a problem that not one but two
clinics can operate quite profitably. But the newspaper is concerned that
not enough opiate addicts wean themselves off methadone, and insists the city
needs to fund drug treatment programs promoting abstinence.)

Newshawk: John Smith
Source: Standard-Times (MA)
Contact: YourView@S-T.com
Website: http://www.s-t.com/
Copyright: 1999 The Standard-Times
Pubdate: 1 Jan 1999
Section: Opinion

NEW METHADONE CLINIC SEIZES RICH OPPORTUNITY IN A VACUUM

New Bedford really hasn't come very far since the debate over needle
exchange, when the victorious opponents satisfied their consciences with the
empty promise that they really, really wanted treatment for drug addicts
instead of "free needles." It was a resolution - New Year's or otherwise -
that was forgotten almost as soon as the referendum results were in.

This week Mayor Fred Kalisz was taken by surprise to learn that a new
methadone clinic opened for business - and we do mean business - four months
ago in the North End. The Center for Substance Abuse operates the clinic in a
partnership with High Point Treatment Center, which provides counseling
services. Now it is housed in a gray trailer on the waterfront in the North
End; soon it expects to move into the Grinnell Mill building at 10 Kilburn
Ave., where it will enjoy 80,000 square feet of floor space. We could call it
the Methadone Mall.

The take on all this from City Hall is that New Bedford doesn't want any more
methadone clinics because they tend to attract addicts, which is of course
what they are designed to do. New Bedford obviously has enough of a problem
that not one but two clinics can operate quite profitably. At this point,
unless there's something illegal about it, the mayor probably can't do a
whole lot except complain about the new clinic. This one supplements the
methadone already being supplied on Gifford Street by the very troubled
Center for Health and Human Services, which for months has been under
investigation by state and federal authorities.

The clinic supporters point out that these methadone centers don't create new
addicts; they simply tend to the needs of the existing ones.

That's true as far as it goes, but it omits the fact that methadone clinics
don't seem to be giving us any fewer addicts, either. Instead of being
trapped on heroin, addicts are trapped on methadone. And instead of illegal
drug dealers profiting by this scourge, now we have a whole new class of
legal drug dealers profiting by it - and perpetuating the arrangement.

So what's missing in all of this is what was promised with such passion by
the opponents of needle exchange: treatment that is available and effective
in weaning drug addicts off drugs entirely. Surely we're not going to start
complaining now that this sort of thing is too expensive and unwelcome and
therefore impossible, are we? Surely we aren't going to create an atmosphere
in New Bedford that says to potential drug treatment facilities: "We don't
want you here."

In fact, the reverse needs to be true and City Hall has to get serious about
vastly expanding the treatment options so that entreprenurial methadone
peddlers don't move in and lock up the market. New Bedford needs to dry up
the demand for drug treatment, not supply vendors with a steady stream of
profitable customers that will come to them in perpetuity, the bills
guaranteed to be paid by Uncle Sam. That's just another form of chemical and
government dependence.

When it comes to drug treatment, New Bedford's official policy is in need of
a little rehabilitation of its own. Maybe some of the needle exchange
opponents would like to volunteer some suggestions and we can all take them
as New Year's resolutions.
-------------------------------------------------------------------

Clinton To Request Funding For Prison Anti-Drug Program
(According to the Orange County Register, the overweight smoker
said Tuesday he would propose $100 million in his fiscal year 2000 budget
for treatment and testing of offenders in prison, on probation or parole,
plus $50 million for creating more local drug courts and $65 million
for drug treatment in state prisons. Clinton also proposed adding
$183 million more in similar programs for the 1999 budget.)

Date: Wed, 6 Jan 1999 15:19:49 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US DC: Clinton To Request Funding For Prison Anti-Drug Program
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: John W. Black
Pubdate: Jan 1, 1998
Source: Orange County Register (CA)
Contact: letters@link.freedom.com
Website: http://www.ocregister.com/
Copyright: 1998 The Orange County Register

CLINTON TO REQUEST FUNDING FOR PRISON ANTI-DRUG PROGRAM

President Clinton said Tuesday that he will propose $215 million in his next
budget to test and treat inmates for drug use, to help them avoid returning
to crime once they are freed.

Clinton cited a Justice Department report that seven of every 10 federal
prisoners had used drugs before their arrests, and one-fifth were on drugs
when they committed the crimes that sent them to prison.

Clinton's proposal sets aside $100 million in the fiscal 2000 budget for
treatment and testing of offenders in prison as well as those on probation
or parole. It also includes $50 million for creating more local drug courts
and $65 million for residential drug treatment in state prisons.

Clinton also announced the release of $120 million under the fiscal 1999
budget for drugfree-prison initiatives - $63 million earmarked for state
prisons to provide tong-term treatment and intensive supervision for
prisoners with the most serious drug problems.
-------------------------------------------------------------------

Rehnquist slams U.S. crime laws (The Associated Press
says Chief Justice William H. Rehnquist, in his annual year-end report
on the federal judiciary, criticized Congress yesterday for making
federal crimes out of offenses already covered by state law. Rehnquist said
the number of federal criminal cases rose by 15 percent in 1998, to 57,691,
the first double-digit increase since 1972.)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "_Drug Policy --" (when@hemp.net)
Subject: Chife justice slams crime laws
Date: Fri, 1 Jan 1999 19:16:28 -0800
Sender: owner-when@hemp.net

Friday, 1 January 1999

Rehnquist slams U.S. crime laws

WASHINGTON (AP) - Chief Justice William H. Rehnquist criticized Congress
yesterday for making federal crimes out of offenses already covered by state
law.

In his annual year-end report on the federal judiciary, Rehnquist blamed the
trend on pressure in Congress to ``appear responsive to every highly
publicized societal ill or sensational crime.''

This pressure must be balanced against consideration of whether states are
adequately handling such cases and ``whether we want most of our legal
relationships decided at the national rather than local level,'' he said.

Rehnquist, the nation's top judge, did not mention his impending duty to
preside over a Senate trial of President Clinton, who has been impeached by
the House. Yesterday the chief justice toured the Senate chamber and its
anterooms for about an hour under tight security.

Rehnquist's report said the trend of federalizing crimes has contributed to
a double-digit increase in the number of criminal cases in federal courts
and ``threatens to change entirely the nature of our federal system.''

``Federal courts were not created to adjudicate local crimes, no matter how
sensational or heinous the crimes may be,'' Rehnquist said. ``Matters that
can be handled adequately by the states should be left to them.''

Rehnquist said the number of federal criminal case filings rose by 15
percent - to 57,691 cases - in 1998. ``Not since 1972 have the criminal
filings risen by double digits,'' he said.

Federal arson law cited

As an example of a federalized crime, he listed a 1994 law that allows a
large number of arsons to be prosecuted as federal crimes. Also, he listed
three 1992 laws: the Anti-Car Theft Act, which federalizes carjacking
offenses; the Child Support Recovery Act, which makes it a federal crime to
fail to pay support for a child living in another state; and the Animal
Enterprise Protection Act, which makes it a federal offense to travel
interstate to disrupt zoos or circuses.

The chief justice also urged Clinton and the Senate to end a ``political
impasse'' of ``stunning proportions'' that has crippled a commission
responsible for setting standards for federal criminal sentences.

The U.S. Sentencing Commission - which since October has had no members -
``is unable to perform some of its core and crucial responsibilities,''
Rehnquist said. ``The president and the Senate should give this situation
their immediate attention.''

Created by Congress in 1984, the sentencing commission's main purpose has
been to establish guidelines for meting out punishment for those convicted
of federal crimes. It was created to reduce disparity in federal sentencing
and to help develop an effective and efficient crime policy.

The commission lost its last member when a frustrated Chairman Richard
Conaboy quit in October. The terms of the last three commissioners had
expired that month.

***

When away, you can STOP and RESTART W.H.E.N.'s news clippings by sending an
e-mail to majordomo@hemp.net. Ignore the Subject: line. In the body put
"unsubscribe when" to STOP. To RESTART, put "subscribe when" in the e-mail
instead (No quotation marks.)
-------------------------------------------------------------------

Chief Justice Blames Congress For Workload
(According to the San Francisco Chronicle version,
Rehnquist said the increased federal docket was due mostly
to drug and immigration cases.)

Date: Fri, 1 Jan 1999 20:09:30 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Chief Justice Blames Congress For Workload
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: compassion23@geocities.com (Frank S. World)
Source: San Francisco Chronicle (CA)
Contact: chronletters@sfgate.com
Website: http://www.sfgate.com/chronicle/
Forum: http://www.sfgate.com/conferences/
Copyright: 1999 San Francisco Chronicle
Pubdate: 1 Jan 1999
Section: Page A6

CHIEF JUSTICE BLAMES CONGRESS FOR WORKLOAD

Creating federal crimes burdens courts, he says

Chief Justice William Rehnquist, in his year-end report on the judiciary,
faulted Congress yesterday for turning local offenses into federal crimes,
a trend that he said has overburdened the U.S. courts.

Last year, the number of new crime cases in the federal judiciary rose by
15 percent, he said, the largest increase in nearly three decades. The rise
was propelled mostly by drug and immigration cases, he added.

Whether controlled by Democrats or Republicans, Congress has regularly
created new federal crimes over the past two decades.

Amid the ``war on drugs'' of the 1980s, Congress authorized federal
prosecutors to go after drug dealers and ``drug kingpins.'' Next came
carjackers, arsonists and those who flee their duty to pay child support.
Recently, House Republicans have been pushing to make various juvenile
offenses into federal crimes.

The chief justice, adhering to the old-fashioned view, says the federal
courts should be reserved for truly national matters.

``The trend to federalize crimes . . . threatens to change entirely the
nature of our federal system,'' Rehnquist said. ``Federal courts were not
created to adjudicate local crimes, no matter how sensational or heinous
the crimes may be. State courts do, can and should handle such problems.''

At the Supreme Court, Rehnquist has pressed the same theme during his
26-year career.

In death penalty cases, he has repeatedly called for a more hands-off
approach by federal judges. When U.S. judges in California act to block the
state from imposing a death sentence, Rehnquist can be counted upon to vote
in favor of returning the matter to state officials.

He also successfully persuaded Congress in 1996 to change federal law to
make it harder for state death row inmates to have their cases reviewed by
federal judges.

In his year-end report, he urged the House Judiciary Committee to hold
hearings to set general standards for when crimes should be federalized.

Rehnquist suggested that federal jurisdiction be limited to crimes that
cross state lines or those involving ``high-level state or local government
corruption,'' which cannot be entrusted to state courts. A threshold
consideration for creating a new federal crime is a ``demonstrated state
failure'' to handle the matter, he said.

Last year, the conservative chief justice used his year-end report to scold
Senate Republicans for stalling on voting on President Clinton's nominees
to the federal bench. His rebuke appeared to bring results.

In 1998, 65 judges were confirmed by the Senate, a marked improvement from
the 36 approvals in 1997 and 16 in 1996.
-------------------------------------------------------------------

Chief Justice Identifies Congress As Source Of Overworked Judiciary
(The Los Angeles Times version in the Baltimore Sun)

Date: Fri, 1 Jan 1999 20:09:36 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Chief Justice Identifies Congress As Source Of Overworked
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Robert Ryan (remryan@bwave.com)
Source: Baltimore Sun (MD)
Contact: letters@baltsun.com
Website: http://www.sunspot.net/
Forum: http://www.sunspot.net/cgi-bin/ultbb/Ultimate.cgi?action=intro
Copyright: 1999 by The Baltimore Sun, a Times Mirror Newspaper.
Pubdate: 1 Jan 1999
Author: Los Angeles Times Staff

CHIEF JUSTICE IDENTIFIES CONGRESS AS SOURCE OF OVERWORKED JUDICIARY

Rehnquist says growth in caseload is spurred by new federal crimes

Los Angeles Times

WASHINGTON -- Chief Justice William H. Rehnquist, in his year-end report on
the judiciary, faulted Congress yesterday for turning local offenses into
federal crimes, a trend that he said has overburdened the U.S. courts.

Last year, the number of new crime cases in the federal judiciary rose by
15 percent, he said, the largest increase in nearly three decades. The rise
was propelled mostly by drug and immigration cases, he added.

Whether controlled by Democrats or Republicans, Congress has regularly
created new federal crimes over the past two decades.

Amid the "war on drugs" of the 1980s, Congress authorized federal
prosecutors to go after drug dealers and "drug kingpins." Next came
carjackers, arsonists and those who flee their duty to pay child support.
Recently, House Republicans have been pushing to make various juvenile
offenses into federal crimes.

The chief justice, adhering to the old-fashioned view, says the federal
courts should be reserved for truly national matters.

"The trend to federalize crimes threatens to change entirely the nature of
our federal system," Rehnquist said. "Federal courts were not created to
adjudicate local crimes, no matter how sensational or heinous the crimes
may be. State courts do, can and should handle such problems."

At the Supreme Court, Rehnquist has pressed the same theme during his
26-year career.

In death penalty cases, he has repeatedly called for a more hands-off
approach by federal judges. When U.S. judges in California act to block the
state from imposing a death sentence, Rehnquist can be counted upon to vote
in favor of returning the matter to state officials.

He also successfully persuaded Congress in 1996 to change federal law to
make it harder for state death row inmates to have their cases reviewed by
federal judges.

His interventions have not been limited to capital punishment, however. In
1995, the chief justice, speaking for a 5-4 majority, struck down as
unconstitutional the federal Gun-Free School Zones Act, which made it a
federal crime to possess a firearm within 1,000 feet of a school. The state
of Texas already had such laws and other states could pass them, Rehnquist
said in his opinion, and Congress had no authority to make such offenses a
federal crime.

In his year-end report, he urged the House Judiciary Committee to hold
hearings to set general standards for when crimes should be federalized.

Rehnquist suggested that federal jurisdiction be limited to crimes that
cross state lines or those involving "high-level state or local government
corruption," which cannot be entrusted to state courts. A threshold
consideration for creating a new federal crime is a "demonstrated state
failure" to handle the matter, he said.

Last year the conservative chief justice used his year-end report to scold
Senate Republicans for stalling on voting on President Clinton's nominees
to the federal bench. His rebuke appeared to bring results.

In 1998, 65 judges were confirmed by the Senate, a marked improvement from
the 36 approvals in 1997 and 16 in 1996.

In his new report, Rehnquist also faulted the White House and Congress for
failing to appoint new members to the U.S. Sentencing Commission and for
allowing judicial salaries to stagnate. For the fifth time in the past six years,
judges have been denied a cost-of-living raise. As a result, the annual pay
for U.S. judges has declined by 16 percent since 1993 when inflation is taken
into account, he said.

The seven-member sentencing commission is supposed to review and adjust the
punishments for federal crimes, but the administration and Congress have
not acted on new nominees to the panel.
-------------------------------------------------------------------

Rehnquist Scolds Congress (A slightly different version in the Raleigh,
North Carolina, News & Observer)

Date: Fri, 1 Jan 1999 20:45:10 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Rehnquist Scolds Congress
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: 1 Jan 1999
Source: News & Observer (NC)
Contact: forum@nando.com
Website: http://www.news-observer.com/
Copyright: 1999 The News and Observer Publishing Company

REHNQUIST SCOLDS CONGRESS

WASHINGTON -- Chief Justice William H. Rehnquist, in his year-end report on
the judiciary, faulted Congress on Thursday for turning local offenses into
federal crimes - a trend that he said has overburdened the courts.

Last year, the number of new crime cases in the federal judiciary rose 15
percent, he said - the largest increase in nearly three decades. The rise
was propelled mostly by drug and immigration cases, he added.

Whether controlled by Democrats or Republicans, Congress regularly has
created new federal crimes over the past two decades.

Amidst the "war on drugs" of the 1980s, Congress authorized federal
prosecutors to go after drug dealers and "drug kingpins." Next came
carjackers, arsonists and those who flee their duty to pay child support.
Recently, House Republicans have been pushing to make various juvenile
offenses federal crimes.

The chief justice says the federal courts should be reserved for national
matters. "The trend to federalize crimes threatens to change entirely the
nature of our federal system," Rehnquist said. "Federal courts were not
created to adjudicate local crimes, no matter how sensational or heinous
the crimes may be. State courts do, can and should handle such problems."

Rehnquist has pressed this theme during his 26 years on the Supreme Court.
In death penalty cases, he has called repeatedly for a more hands-off
approach by federal judges. When U.S. judges in California act to block the
state from imposing a death sentence, Rehnquist can be counted upon to vote
in favor of returning the matter to state officials. He also successfully
persuaded Congress in 1996 to change federal law to make it harder for
state Death Row inmates to have cases reviewed by federal judges.

Rehnquist's interventions have not been limited to capital punishment,
however. In 1995, the court, voting 5-4, struck down as unconstitutional
the federal Gun-Free School Zones Act, which made it a federal crime to
possess a firearm within 1,000 feet of a school. Texas already had such
laws, and other states could pass them, Rehnquist said in his opinion, and
Congress had no authority to make such offenses a federal crime.

In his year-end report, he urged the House Judiciary Committee to hold
hearings to set general standards for when crimes should be federalized.

Rehnquist suggested that federal jurisdiction be limited to crimes that
cross state lines or involve "high-level state or local government
corruption," which cannot be entrusted to state courts. A threshold
consideration for federalizing a crime is a "demonstrated state failure" to
handle the matter, he said.

Last year, the chief justice used his year-end report to scold Senate
Republicans for stalling on voting on President Clinton's nominees to the
federal bench. His rebuke appeared to bring results: In 1998, the Senate
confirmed 65 judges - a marked improvement from the 36 approvals in 1997
and 16 in 1996.
-------------------------------------------------------------------

'Trend To Federalize Crimes' Decried (The Washington Post version
in the San Jose Mercury News)

Date: Fri, 1 Jan 1999 20:09:39 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: `Trend To Federalize Crimes' Decried
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Marcus/Mermelstein Family (mmfamily@ix.netcom.com)
Pubdate: 1 Jan 1999
Source: San Jose Mercury News (CA)
Contact: letters@sjmercury.com
Website: http://www.sjmercury.com/
Copyright: 1999 Mercury Center
Author: Roberto Suro, Washington Post

`TREND TO FEDERALIZE CRIMES' DECRIED

Chief justice says Congress burdens court system

WASHINGTON -- Demanding a fundamental change in the nation's crime-fighting
strategy, Chief Justice William H. Rehnquist on Thursday called on Congress
to halt the politically popular practice of enacting federal laws against
an ever-greater number of crimes once handled in state courts.

``The trend to federalize crimes that traditionally have been handled in
state courts . . . threatens to change entirely the nature of our federal
system,'' Rehnquist said in his year-end report on the federal judiciary.

The chief justice was unusually blunt in questioning the motives behind
recently enacted statutes that have made federal crimes out of misdeeds
ranging from carjackings to failure to pay child support. And while
Rehnquist has occasionally expressed concern about the growing jurisdiction
of the federal courts, his new report is by far the most explicit and
represents his first formal complaint to Congress on behalf of the federal
judiciary. As a result, legislators and others who follow the courts said
it appears certain to frame legislative debate in the coming year.

This past year alone, the number of criminal case filings in federal courts
jumped 15 percent to 57,691 cases, the biggest increase in 26 years and one
that came on top of steady growth in prior years.

Rehnquist put the blame squarely on Capitol Hill, saying, ``Congress has
contributed significantly to the rising caseload by continuing to
federalize crimes already covered by state laws.''

``The pressure in Congress to appear responsive to every highly publicized
societal ill or sensational crime'' needs to be balanced against a
determination of whether the job can be left to the states, Rehnquist said,
admonishing Congress to consider ``whether we want most of our legal
relationships decided at the national rather than the local level'' the
next time it feels such pressure.

Besides carjackings and child support, other legislation has increased the
federal government's jurisdiction in the areas of civil rights, drug
trafficking and terrorism.

Not all the laws that federalize crimes start in Congress, however.
President Clinton, for example, launched an initiative on child abuse this
week that featured a proposal to toughen federal homicide laws to include
the death of a child resulting from a pattern of abuse and to encourage
states to take a similar course.

``For the past decade both Congress and the White House have found that
putting new offenses under federal jurisdiction is an easy way to earn
bragging rights for being tough on crime, and these days passing a law
federalizing a crime is especially attractive because you don't have to
appropriate any money for it,'' said Ross K. Baker, a professor of
political science at Rutgers University.

Sen. Orrin G. Hatch, R-Utah, chairman of the Senate Judiciary Committee,
disputed that contention in a statement issued Thursday in response to
Rehnquist's remarks. ``One could argue that Congress' continuing commitment
to a strong federal law enforcement effort and the associated increases in
financial support for additional law enforcement officers and federal
prosecutors has a greater and more immediate effect on criminal filings
than do the few new laws referred to in the report.''

According to a recent study of the federal caseload by the government
office that tracks such filings, a skyrocketing growth in immigration cases
-- from some 2,000 cases in 1992 to more than 9,000 in 1998 -- is
responsible for a big chunk of the increase. This results from initiatives
to emphasize the prosecution of illegal immigrant smugglers and of
foreign-born persons who re-enter the United States after being deported or
after conviction for a serious crime while residing here.

Drug cases constitute another large component of the growing federal
criminal caseload, with an increase from fewer than 12,500 cases in 1992 to
more than 16,000 in 1998.
-------------------------------------------------------------------

Rehnquist: Too Many Offenses Are Becoming Federal Crimes
(The complete Washington Post version)

Newshawk: DrugSense
Source: The Washington Post
Copyright: 1999 The Washington Post Company
Page: A02
Pubdate: Fri, 1 Jan 1999
Contact: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm
Website: http://www.washingtonpost.com/
Author: Roberto Suro, Washington Post Staff Writer

REHNQUIST: TOO MANY OFFENSES ARE BECOMING FEDERAL CRIMES

Demanding a fundamental change in the nation's crime-fighting strategy,
Chief Justice William H. Rehnquist yesterday called on Congress to halt the
politically popular practice of enacting federal laws against an
ever-greater number of crimes once handled in state courts.

"The trend to federalize crimes that traditionally have been handled in
state courts . . . threatens to change entirely the nature of our federal
system," Rehnquist said in his year-end report on the federal judiciary.

The chief justice was unusually blunt in questioning the motives behind
recently enacted statutes that have made federal crimes out of misdeeds
ranging from carjackings to failure to pay child support. And while
Rehnquist has occasionally expressed concern about the growing jurisdiction
of the federal courts, his new report is by far the most explicit and
represents his first formal complaint to Congress on behalf of the federal
judiciary. As a result, legislators and others who follow the courts said it
appears certain to frame legislative debate in the coming year.

This past year alone, the number of criminal case filings in federal courts
jumped 15 percent to 57,691 cases, the biggest increase in 26 years and one
that came on top of steady growth in previous years.

Rehnquist put the blame squarely on Capitol Hill, saying, "Congress has
contributed significantly to the rising caseload by continuing to federalize
crimes already covered by state laws."

"The pressure in Congress to appear responsive to every highly publicized
societal ill or sensational crime" needs to be balanced against a
determination of whether the job can be left to the states, Rehnquist said,
admonishing Congress to consider "whether we want most of our legal
relationships decided at the national rather than the local level" the next
time it feels such pressure.

Besides carjackings and child support, other legislation has increased the
federal government's jurisdiction in the areas of civil rights, drug
trafficking and terrorism.

Not all the laws that federalize crimes start in Congress, however.
President Clinton, for example, launched an initiative on child abuse this
week that featured a proposal to toughen federal homicide laws to include
the death of a child resulting from a pattern of abuse and to encourage
states to take a similar course.

"For the past decade both Congress and the White House have found that
putting new offenses under federal jurisdiction is an easy way to earn
bragging rights for being tough on crime, and these days passing a law
federalizing a crime is especially attractive because you don't have to
appropriate any money for it," said Ross K. Baker, a professor of political
science at Rutgers University.

Sen. Orrin G. Hatch (R-Utah), chairman of the Senate Judiciary Committee,
disputed that contention in a statement issued yesterday in response to
Rehnquist's remarks. "One could argue that Congress's continuing commitment
to a strong federal law enforcement effort and the associated increases in
financial support for additional law enforcement officers and federal
prosecutors have a greater and more immediate effect on criminal filings
than do the few new laws referred to in the report."

According to a recent study of the federal caseload by the government office
that tracks such filings, a skyrocketing growth in immigration cases - --
from some 2,000 cases in 1992 to more than 9,000 in 1998 -- is responsible
for a big chunk of the increase. This results from initiatives to emphasize
the prosecution of alien smugglers and of foreign-born persons who reenter
the United States after being deported or after conviction for a serious
crime while residing here.

Drug cases constitute another large component of the growing federal
criminal caseload, with an increase from fewer than 12,500 cases in 1992 to
more than 16,000 in 1998.

"Because Congress has not only federalized most drug crimes but has imposed
draconian punishments for them, we have a situation now where prosecutors
have the discretion to choose between bringing state charges or going to
federal court where the same drug offense can produce dramatically higher
sentences, and the defendant gets whipsawed in the process," said David
Cole, a professor at the Georgetown University Law Center.

Although federal drug charges often prove a potent tool for turning
defendants into informants, this development is not entirely popular with
federal law enforcement agencies.

"We have gone from bringing primarily traditional federal cases involving
big multistate or international drug-trafficking operations to a lot of much
smaller cases generated by local law enforcement that sometimes tend to jam
up the system," said Frank Scafidi, a national spokesman for the FBI.

The rapid increase in immigration and drug cases in border states such as
Texas and California has squeezed other types of cases off the federal
docket. "It has made second-class citizens out of civil litigants," said
David Berg, a Houston-based attorney who specializes in large commercial
cases. In a recent fraud case involving a multinational corporation, Berg
said, he chose to sue in local court because the trial was scheduled within
six months compared with the three- to five-year wait he anticipated in
federal court.

"You have major civil cases that really deserve to be heard in federal court
going to state courts because the federal docket is choked with criminal
filings that don't belong there," Berg said.

In his year-end report, Rehnquist cited a number of factors Congress should
consider before assigning new responsibilities to the federal courts,
including the need for additional resources, the impact on caseload and the
potential for causing costly delays to litigants.

In line with the conservative philosophy that has guided his tenure on the
Supreme Court, Rehnquist argued that the fundamental standard for putting a
crime under federal jurisdiction should be "demonstrated state failure" to
deal with the matter. "Such an approach would reduce the likelihood that a
particularly high-profile or egregious event would be enough on its own to
justify new federal laws," he said.
-------------------------------------------------------------------

Drug Prohibition And Public Health (An article in the January-February issue
of Public Health Reports, the journal of the U.S. Public Health Service,
by Ernest Drucker, Ph.D., a professor of epidemiology and social medicine
at the Montefiore Medical Center of the Albert Einstein College of Medicine,
says the relationship of prohibition to usage rates and health consequences
of drug use has never been fully evaluated. An examination of national data
for 1972-1997 shows that over this 25-year period, despite drastic increases
in enforcement costs and an overall decline in the prevalence of casual drug
use, there have been dramatic increases in drug-related emergency room visits
and drug-related deaths. Further, while black, Hispanic, and white Americans
use illegal drugs at comparable rates, there are dramatic differences in the
application of criminal penalties, drug-related emergency department visits,
overdose deaths, and new HIV infections related to injecting drugs. These
outcomes may be understood as public health consequences of policies that
criminalize and marginalize drug users and increase drug-related risks
to life and health.)

Date: Wed, 13 Jan 1999 15:21:26 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Drug Prohibition And Public Health
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Kevin Zeese http://www.csdp.org/
Source: Public Health Reports, Journal Of The US Public Health Service
Pubdate: Jan-Feb, 1999
Contact: phr@nlm.nih.gov
FAX: 617-565-4260
Mail: Public Health Reports, Room 1855, JFK Federal Building, Boston, MA 02203
Author: Ernest Drucker, PhD
Note: Dr. Drucker is a Professor of Epidemiology and Social Medicine,
Montefiore Medical Center/Albert Einstein College of Medicine, a Senior
Fellow with the Lindesmith Center/Open Society Institute, and
Editor-in-Chief of the journal Addiction Research.
Note: Address correspondence to Dr. Drucker, Dept. of Epidemiology and
Social Medicine, Montefiore Medical Center, Bronx NY 10467; fax
718-798-6378; e-mail drucker@aecom.yu.edu
Note: The tables and figures, not provided with this post, are currently
available with the article in Adobe's PDF format at:
http://www.of-course.com/drugrealities/acrobat.htm

"We are making a difference. Drug use is down 50% over the last decade." -
President William J. Clinton, Preface to The National Drug Control
Strategy, 1998 [1]

"When assessing evidence, it is helpful to see a full data matrix, all
observations for all variables, those private numbers from which the public
displays are constructed. No telling what will turn up." - Edward R. Tufte [2]

DRUG PROHIBITION AND PUBLIC HEALTH

S Y N O P S I S

FOR THE PAST 25 YEARS, the US has pursued a drug policy based on
prohibition and the vigorous application of criminal sanctions for the use
and sale of illicit drugs. The relationship of a prohibition-based drug
policy to prevalence patterns and health consequences of drug use has never
been fully evaluated.

To explore that relationship, the author examines national data on the
application of criminal penalties for illegal drugs and associated trends
in their patterns of use and adverse health out-comes for 1972-997.

Over this 25-year period, the rate at which criminal penalties are imposed
for drug offenses has climbed steadily, reaching 1.5 million arrests for
drug offenses in 1996, with a tenfold increase in imprisonment for drug
charges since 1979. Today, drug enforcement activities constitute 67% of
the $16 billion Federal drug budget and more than $20 billion per year in
state and local enforcement expenditures, compared with $7.6 billion for
treatment, prevention, and research.

Despite an overall decline in the prevalence of drug use since 1979, we
have seen dramatic increases in drug-related emergency department visits
and drug-related deaths coinciding with this period of increased enforcement.

Further, while black, Hispanic, and white Americans use illegal drugs at
comparable rates, there are dramatic differences in the application of
criminal penalties for drug offenses. African Americans are more than 20
times as likely as whites to be incarcerated for drug offenses, and
drug-related emergency department visits, overdose deaths, and new HIV
infections related to injecting drugs are many times higher for blacks than
whites.

These outcomes may be understood as public health consequences of policies
that criminalize and marginalize drug users and increase drug-related risks
to life and health.

***

WE ARE BY NOW accustomed to sharply opposing view-points and conflicting
claims about our national drug policy and its results. A succession of
Presidents and Congresses have led the field with calls for a "drug-free"
America and "zero tolerance" and have enacted drug prohibitions with
ever-harsher criminal penalties and more militant (and more expensive)
enforcement tactics. In contrast, libertarian reformers like Nobel Prize
winner Milton Friedman or conservatives like William F. Buckley, Jr., call
for outright legalization of all drugs. And others (this author among them)
call for a public health or "harm reduction" approach, [3] reasoning that
dangerous drugs will always be with us and that we had better learn how to
live with them in a way that minimizes their adverse health and social
consequences.

While this debate rages, we see continued (even rising) drug availability
and ever-shifting patterns of drug use: crack and cocaine use are down, but
marijuana and heroin use are becoming more popular among young people. [4]

And, over the last decade, new and more lethal consequences of illicit drug
use have emerged--including infectious disease epidemics (AIDS, TB,
hepatitis B, and hepatitis C) linked to unsafe injecting and to the
marginal life of the criminalized addict.[5] Meanwhile, of course, huge
numbers of people continue to be arrested and imprisoned for drug offenses,
the most specific expression of a policy based on prohibition and a
punitive approach to drug users.

Yet despite constant appeals for more and better drug treatment, we still
see severe shortages in treatment programs [1] as well as limited success
in dealing with the severest forms of addiction, that is, to heroin and
cocaine. There is new and important Federal support for Methadone [6] (the
drug treatment of greatest proven efficacy for heroin addiction [7] ), but
public opinion remains sharply divided on the use of narcotic maintenance
with New York's Mayor Guiliani recently calling it "enslavement" and taking
steps to end treatment for thousands of patients currently under care in
the city.[8]

Further, while AIDS has refocused our attention on drugs as a public health
problem, raising the stakes for epidemiologic research and demanding
effective interventions to reduce the spread of HIV infection, even massive
international documentation of the effectiveness of needle exchange
programs has failed to shift a hostile

Federal policy that bans funding for such programs because they give the
"wrong message," that is, something other than "zero tolerance."[9]

What then are our goals in drug policy? And what should they be?

If "winning the war on drugs" was once the battle anthem of national drug
policy, that metaphor is now rejected by many, including Gen. Barry R.
McCaffery, Director of the White House Office of National Drug Control
Policy (ONDCP), as fostering "unrealistic expectations for a speedy victory
and a specific end to the campaign."[10] The General now believes the fight
against cancer to be a better analogy--"stressing prevention and
treatment."[10]

Notwithstanding this more health-oriented view and the growth in Federal
support for treatment programs, prohibition remains the major strategic
goal of our national drug policy, under which treatment continues to be
"backed up by a high level of social and legal disapproval" [10] and the
strict enforcement of drug laws. This is most evident in the allocation of
expenditures in the National Drug Control Budget for fiscal year 1998. Of a
$16 billion total, more than $10.7 billion (67%) was devoted to drug law
enforcement, interdiction, and supply reduction in the US and abroad.[1] In
addition to representing the lion's share of current Federal funding,
enforcement expenditures have shown almost two decades of steady
growth--increasing tenfold since 1981. [1] (See Figure 1.) In the same
period, Federal support for treatment and prevention has grown by only half
that amount.[11]

Even the recent innovation of drug courts, which steer arrested nonviolent
users to treatment, represents an extension of Federal enforcement policy
and funding priorities. This approach is still based on the continued
vigorous prosecution of drug users, while using the criminal justice system
to enforce compulsory treatment. Further, Federal budgets reflect only a
small part of all public expenditure for drug control. In this country,
most law enforcement occurs at the municipal and state levels, where annual
enforcement expenses are estimated at more than $20 billion,[12] compared
with approximately $7.6 billion for treatment from all government and
private sources. [13]

Thus, as we follow the money for the past 25 years, it is clear that
enforcement has been the centerpiece of our drug policy, far outstripping
other approaches to the problem. The consequences of disproportionate
spending for enforcement are most visible in our society in the high rates
of arrest and incarceration for drug offenses [14] (Figure 2), the
increasing proportion of criminal justice activities devoted to drug
offenses, and the rise in both over the past 25 years.

While overall crime rates today are at their lowest in the past 25 years,
arrests for drug law violations have reached a record high--more than 1.5
million in 1996, the latest year for which complete data are available.[14]
State and Federal prisons and local jails today hold more than 400,000 drug
law violators--60% of all Federal prisoners and more than 25% of state and
local inmates.[14] (See Figure 2.)

Although rates of drug use were already declining rapidly by 1980, between
1980 and 1990 there was a 1055% increase in new commitments to state
prisons for drug offenses (from 8800 to 101,600).[15] New commitments
continued to rise into the 1990s (Table 1).

In 1980 there were 51,950 drug law violators behind bars in state and
Federal prisons (8% of all inmates). By 1995 this number had increased more
than 700% to 388,000 (25% of all inmates in a prison population now four
times as large). This growth represents the clearest expression of a policy
based on prohibition and the vigorous application of criminal sanctions for
the use and sale of illicit drugs.

The surge in incarcerated populations in the 1980s was due to harsher
enforcement policies and longer mandatory sentences for possession of
smaller quantities of drugs, including disproportionate penalties for
possession of crack cocaine. This resulted in progressively longer prison
terms for drug offenses and a widening gap in sentence length between drug
offenders and those convicted of violent crimes [16] --which has helped
increase the proportion of the prison population behind bars for drug
offenses (Figure 2).

And while some individuals are in prison for major trafficking offenses or
violent crimes, more than 90% of drug offenders are arrested for possession
or for low-level drug deals to support their personal use.[16]

It is clear from these data that we have practiced what we preach,
literally with a vengeance. There are more drug offenders behind bars today
than the total incarcerated population of 1970. [17] Indeed, drug
enforcement has accounted for such a large increase in our prison
population that the US is now the Western democracy with the highest per
capita rate of imprisonment.[18] What have been the effects on the patterns
of drug use of this vast natural experiment in drug control policy?

Proponents of a drug policy based on prohibition and its rigorous
enforcement claim that their approach is working. See, for example, Figure
3, reprinted here from the ONDCP's 1998 National Drug Control Strategy,[1]
which is used to support this contention. It shows that self-reported past
month use of any illicit (that is, illegal) drug, and specifically of
cocaine and marijuana, have declined sharply since 1985.

While Federal drug control officials admit that the problem is still
serious, costing at least 14,000 lives and $110 billion a year,[1] they
assert that our approach has increased societal disapproval of drug use and
lessened the extent and severity of the drug problem.

Citing reductions in "casual use" of all illegal drugs by 50% (and of
cocaine by 75%) since 1979, [1] in its 1998 National Drug Control Strategy,
the ONDCP claims that we will do even better in the future and sets a new
10-year goal of a 50% reduction in overall drug use in America, to a level
below the lowest point attained in the last 30 years.[1]

These claims are greeted with some skepticism given the growing world
market in illicit drugs. We are seeing greater availability of higher
purity drugs at lower prices; from 1981 to 1996 the average price per pure
gram of cocaine fell by 66% and the average purity of street heroin rose
from 6.7% to 41.5%.[1]

Increased crop acreage and expanded international traffic have driven a
steady rise in the number of consumer and producer nations to at least 140
countries and a $500 billion world market, as has been well documented by
the ONDCP, the US Drug Enforcement Agency, Interpol, and the United Nations
Drug Control Program.[1]

In a world awash in drugs, with widespread economic hardship and social
dislocation to motivate their continued production and distribution, can we
succeed in protecting our nation from drugs and their dangers by the
application of our current policies?

Apparently not.

Despite reductions in adult use, the latest data from national surveys [19]
show a sharp climb since 1991 in the prevalence of illicit drug use among
American high school students--despite decades of intense enforcement and
powerful anti-drug messages. (See Figure 4.) This primarily reflects
increased use of marijuana, but use of the harder drugs also appears on the
increase.[19] These climbing rates of teen use are a sentinel for the
failure of our current policies to reduce the number of new users of
prohibited drugs. And, interestingly, they are echoed in teen use of legal
drugs-tobacco (despite the anti-tobacco crusades of the last few years) and
alcohol--neither of which may be legally sold to people in this age group.[19]

Are there other ways in which our drug policies are failing us? What do the
data show?

EVALUATING ALL AVAILABLE EVIDENCE

Fortunately, in this country, we are in a position to evaluate the
long-term relationship between drug policy and drug use by examining in
detail some of the public health consequences of that policy. We have more
than 25 years of information on changes in patterns of drug use in the US
population and may hold these up alongside data on the use of criminal
penalties, identifying long-term trends and health and social outcomes.

Sources Of Data On Drug Use.

The United States has the best funded, largest scale, longest functioning,
and methodologically most consistent drug use surveillance and data
monitoring system in the world. There are three major sources of national
survey data on drug use in the United States:

(a) The National Household Survey on Drug Abuse (NHSDA), conducted by the
Federal government since 1973, measures the prevalence of drug and alcohol
use among the US household population ages 12 years and older; expanded in
1991 to include college students, homeless shelters, and the military.

(b) Monitoring the Future (MTF), conducted for the National Institute on
Drug Abuse by the University of Michigan; surveys high school seniors
(since 1972), and 8th through 12th graders (since 1982).

(c) The Drug Abuse Warning Network (DAWN), a data collection program of the
Substance Abuse and Mental Health Services Administration (SAMHSA), in
place since 1972; annually samples more than 400 hospital emergency
departments (ERs), reporting on ER visits in which both legal and illegal
drugs are implicated, and also tallies medical examiner reports of deaths
in which drugs and alcohol are implicated.

Each of these surveys and the data they report have limitations: the
household survey (NHSDA) underrepresents the homeless, and the survey of
high school seniors (MTF) misses school dropouts, both groups with higher
than average rates of drug use (for example, school dropouts are reported
to have two to four times the rate of cocaine use of non-dropouts [1] ).
And DAWN does not capture all hospital ERs. Another limitation, of course,
is that given public law and private sentiment, one would expect a certain
amount of under-reporting of personal drug use to researchers. This is
probably most true for heroin, for which some Federal studies warn of
substantial underreporting.[1] For these reasons, "harder" data on measures
of drug-related morbidity and mortality, which are less dependent on
self-report and more public than use per se, should be closely watched,
recognizing that these reflect the adverse consequences of drug use and not
simply its prevalence.

But, despite these short-comings, data from large, ongoing, national
surveys are very useful because they are consistent in their limitations
and biases and allow us to create a reliable comparative picture of
patterns and time trends in the prevalence of drug use over the past 25
years. They also permit us to see the demographic profile of drug users and
to identify changes in this population over time.

TRENDS IN POPULATION PREVALENCE, 1972-1977

Data on the prevalence of drug use are available by year for the major
social and demographic categories (age, sex, "race") and for each of the
illicit drugs (as well as for tobacco and alcohol use). The NHSDA collects
data on use in the respondent's lifetime ("ever used"), in the past year,
and in the past month ("current use").

NHSDA household survey data show that in 1997, 36% of the adult population
ages 12 years and older reported some illicit drug use in their lifetimes,
but that number dropped to 11% for use in the past year and 6% for the past
month [20] - ratios that have not changed significantly in the national
data in a generation despite changes in prevalence.[21] These data show
that most illicit drug users are not "hard core" addicts and that most
experimental or casual use does not eventuate in continued or regular use.

From a public health perspective, past-month use is the most appropriate
measure for looking at long-term changes in the prevalence of drug use
because it captures all "current" or regular users (including dependent
users) but only a small percentage of the much larger group who may have
used drugs a single time or who are experimental or casual users. Figure 4
shows the NHSDA prevalence data for US population ages 12-17 years for
past-month use of illicit drugs.

As most health risk is associated with regular exposure to the "major"
drugs - cocaine, heroin, stimulants, depressants, and hallucinogens,[22] it
is useful to focus attention on the long-term trends in past month use of
these drugs independently from trends for marijuana, which has consistently
shown a higher prevalence since data collection began in the 1970s than all
other illicit drugs combined.

Unlike the data beginning in the mid-1980s that are presented to support
the claim that our policies are working to reduce the prevalence of drug
use (see, for example, Figure 3), these more complete and specific data on
time trends make clear that the prevalence of drug use in the US has
followed no simple course over the past 25 years. Use of the "major"
illicit drugs rose in the early 1970s from a 1960s level estimated at less
than 2% of the adult population ages 12 and older,[21] peaked at about 6%
in 1985, and declined until 1992, when it started to rise again among teens
(although the 1990s average was still only 2.3% of the adult population)
(Figure 4).

Trends In The Use Of Specific Drugs.

While overall population trends in the use of any illegal drug are
informative, individuals use specific drugs. Figure 6 shows 1979-1996
trends for each of the most commonly used illegal drugs. It is immediately
apparent from this Figure that prevalence levels for the various drugs are
markedly different and that each drug exhibits a different trajectory of
use over the years.

Marijuana dominates the picture, accounting for over 93% of all reported
use of illicit drugs-- more than all other illicit drugs combined. Past-
month marijuana use reached a peak of 13.2% of the adult (greater than 12
years) population in 1979 and declined until 1993, when it began to climb
again--although to only a fraction of its former level, reaching 4.7% by 1996.

Cocaine use rose most sharply exactly as marijuana use was declining,
peaking at 4.6% of the adult (greater than 12 years) population in 1988 but
declining to the 0.7% to 1% range for 1990-1998. The NHSDA reported heroin
use to be relatively stable, at less than 0.1%, throughout the years from
1972 through 1979.

(Heroin use is particularly covert and subject to rapid local changes in
availability and use, changes not well captured in the household survey
method, and the NHSDA does not claim great accuracy or reliability for its
heroin data.)

While there are no more reliable surveys than the NHSDA from which to
document national levels of the use of heroin, the ONDCP has estimated
(relying on local field studies and modeling techniques) that there are
810,000 chronic users of heroin in the US,1 0.3% of people ages 12 years
and older. According to the ONDCP, this group now includes more younger
(new) users, among whom there is clear evidence of a shift away from
injecting to sniffing, an important change for AIDS risk but one that does
not necessarily make the drug safer.[1] Do these trends in the prevalence
of drug use bear any relationship to the steady rise in enforcement that we
have seen over the same time period? The details about who uses drugs (and
who does not) provide important clues to this relationship.

WHO USES ILLICIT DRUGS?

While the overall prevalence of drug use and the drugs of choice may have
changed over time, the characteristics of the populations using these drugs
has been more stable.

Figure 7 shows the demographics of the population using illegal drugs for
selected years from 1979 through 1997.

Gender. From Figure 7, we can see that over this 19-year period, male use
regularly outstripped female use by about 2:1 and both showed proportionate
rises and declines as overall prevalence changed over time.

Age. Initiation of the use of all drugs, both legal and prohibited, is
principally an event of adolescence, especially ages 12 through 17. But the
18-25 age group, the group most at risk for criminal activity, arrest, and
imprisonment, [16] consistently has the highest prevalence of use. We see
lower rates of use as individuals "age out" of the lifestyles and social
networks in which they used drugs; however, the increase in youthful drug
use in the 1990s created new cohorts, some of whom will continue use as
adults. So, for the present, we see a shift in the age mix of the
drug-using population in the direction of youth. For example, in 1979, only
21% of current drug users in the 12-34 age category were younger than 18
years of age, but by 1997 that proportion was 33%, albeit of a total
population of users half the size.

"Racial" category. A common stereotype, fostered by the media, is that some
"racial" or ethnic groups use drugs more than others. This is not borne out
by the data. There are only small differences across "racial" categories in
the prevalence of illegal drug use. And the declines in drug use seen from
1979 through 1997 are reflected in all groups. Some small age- and
drug-specific differences by "racial" category appear over this 19-year
period--for example, marijuana and amphetamine use has been heavier among
whites, and cocaine use somewhat higher among blacks.

But these differences are neither large nor consistent, and the recent
trend of rising use in the 12-17 age group reflects virtually identical
increases in the prevalence rates for all "racial" categories.[20]

While the prevalence of drug use is an important measure of changing trends
over time, from a public health perspective we are most concerned with
health effects, seen in morbidity and mortality related to drug use. How do
trends in these adverse outcomes correspond to the substantial changes we
have seen in both enforcement and prevalence over this 25-year period? To
answer, we turn to the data from the Drug Abuse Warning Network (DAWN).

ADVERSE OUTCOMES

DAWN was established in the mid-1970s by the Federal government to monitor
two important outcomes of drug use--drug-related hospital ER admissions and
deaths in which drugs are implicated. Surprisingly, these data show a
distinctly different time trend from the data on the prevalence of drug use
in the same time period (Figures 5 and 6).

Both drug-related ER visits and deaths climbed steadily after 1979, the
peak year for all drug use, rose most sharply in the mid-1980s just as the
prevalence of use was declining most rapidly, and continued to rise through
the 1990s, despite low and stable drug prevalence among adults. Drug-
related ER visits rose by 60% from 1978 to 1994 (from 323,100 annually to
518,500) while overall ER visits increased by only 26%.[22]

These increases are most strongly associated with the use of cocaine and
heroin (Figure 8), which together account for fewer than 4% of all illegal
drug use but are mentioned in more than 40% of all drug-related ER visits
and more than 90% of deaths due to overdoses. And while there are a growing
number of overdose deaths seen among the new, younger users of heroin,[1]
the age-adjusted death rates show increases in every age group for the
period 1985-1995,22 with the highest rates in the 35-44 age group (an older
cohort of established users).[23]

Overall, drug-related deaths more than quadrupled from 1976 to 1995--from
2136 to 9097 annually.[22,24-38] (See Figure 9.)

It would appear that drug use is becoming more dangerous.

Even as the numbers of drug users have gone down, the per-user rates of ER
visits and fatalities have been much higher since the mid-1980s. If we
measure the success of our drug policy in terms of adverse public health
outcomes instead of prevalence of drug use, it is clear that we are doing
worse, not better.

But if the time trends in drug-related morbidity and mortality do not
correspond to trends in the overall prevalence of adult drug use, as we
would expect them to, what accounts for the sharp climb in both as
prevalence declined? And to what extent is this increase a reflection or
result of our drug policy? To answer these questions it is necessary to
disaggregate the data.

DRUG POLICY IN BLACK AND WHITE

Disaggregating the data on adverse outcomes and drug enforcement by "race"
suggests that the greater the intensity of criminal penalties, the greater
the public health danger of drugs.

The enforcement of drug laws is not applied equally to all groups: despite
comparable rates of drug use, African Americans are disproportionately
represented among imprisoned drug offenders. Figure 10 shows white, black,
and Hispanic drug law violators as a proportion of all state prison inmates
for 1986 and 1991. Today, state prison incarceration rates for African
Americans for drug law violations are almost 20 times those of whites and
more than double those of Hispanics.[14] From 1990 to 1994, incarceration
for drug offenses accounted for 60% of the increase in the black population
in state prisons and 91% of the increase in Federal prisons.[14] This trend
corresponds to the higher proportion of African Americans incarcerated for
all reasons: 6296 per 100,000 adults in 1995, compared with 919 per 100,000
for whites--a ratio of 7.5 to 1. [14] By 1995, 35% of all African American
males ages 25-34 were under the control of the criminal justice
system--behind bars, on probation, or on parole.[39]

Drug enforcement (arrests, incarcerations, probation, parole) may itself be
considered another adverse out-come of drug use--a measure of social
morbidity with enormous negative consequences for those caught up in the
criminal justice system. The damages that a prison record does to a young
person's self-esteem and social and economic prospects are well known. In
addition, a recent study reveals that in 1998, 3.9 million convicted felons
(which includes all drug offenders), were disenfranchised as citizens and
lost the right to vote.[40] Reflecting the disproportionately high rates of
prosecution for drug offenses, disenfranchisement of African Americans
occurs at three to four times the rate of whites. In states with the most
restrictive voting laws, as many as 40% of African American men are likely
to be permanently disenfranchised, according to the study's authors.[40]

I would suggest, however, that drug enforcement can also be viewed as an
independent variable--a causal factor responsible for worsening many of the
social and public health problems that we normally attribute to drug use
per se.

Effects Of Differential Enforcement.

Prohibition criminalizes all drug users, buyers and sellers equally. For
those who are drug-dependent or addicted and cannot gain access to
effective treatment, these laws dictate a life of crime and of degradation,
deceit, and (for the poor) prostitution and drug trafficking to obtain the
money needed to shop in a violent and expensive marketplace. Further, the
drug user is continually exposed to risks to health and life--to infectious
diseases through the re-use of injecting equipment (also criminalized and
still prosecuted under drug paraphenalia laws) and to the unpredictable
effects of illicit substances of unknown purity or potency. The powerful
stigma of addiction relentlessly pushes the addict to the margins of
society, away from family and social supports, medical attention, and
employment--all factors that mitigate the dangers of drug use and promote
recovery.[41]

Although these pervasive influences of prohibition affect all users of
prohibited drugs, the data show that the most negative health consequences
of drug use are not evenly distributed--they fall most heavily on those who
experience the highest rates of drug enforcement, African Americans.

When the data are adjusted for the correct population denominators, they
reveal a huge discrepancy in rates of adverse outcomes. While we see an
overall rise in drug-related ER admissions for the total population
throughout a long period of declining drug use (especially declines in the
use of cocaine), these rates are very different across "racial" subgroups.
African Americans fare dramatically worse than whites; in 1996, African
Americans had 7.5 times the white rate of heroin-related emergency
department visits and 11.5 times the white rate of cocaine-related visits
(Table 2).

In 1996, African Americans, who represent only 12% of the US adult
population [42] and a similar percentage of drug users, accounted for 57%
of ER drug admissions while whites (75% of the population 26 and a
proportionate number of drug users) accounted for 31%.[12]

A similar pattern is seen in the racially disaggregated data on overdose
deaths in this period. African Americans have 3.5 times the rate of drug
fatalities of whites,36 and while the overall trend is an increase for all
groups, from 1980 to 1993 there was a 326% increase in drug abuse deaths
for blacks but a 129% increase for whites and others (Figure 11).

CONCLUSION: DRUG PROHIBITION VS PUBLIC HEALTH

Large disparities in drug-related morbidity and mortality appear to be a
powerful consequence of prohibition drug policies and their unequal
application in our society. (See Table 3.) But they also point to a set of
larger problems, evident in the historic relationship of US drug policies
to public health. In the United States we have a long history of strong
public sentiment about the use of all intoxicating substances--we alone in
the Western world altered our national Constitution to ban alcohol for 14
years. Today's drug policies may be understood as the expression of an
(almost) innocent wish to make dangerous drugs disappear by legislating
their prohibition.

A plausible case can be made that as drug use rose in the 1960s and 1970s,
extending more widely and more openly into middle-class America,
increasingly severe criminal penalties for the use of prohibited drugs and
more rigorous enforcement was a predictable response. While the avowed
motive of this policy, restraining the damages that can be caused by drugs,
was (and is) a legitimate social goal, the cure has only worsened the disease.

Drug laws and their massive, cruel imposition on millions of young men and
women--not simply the use of drugs--have stigmatized and estranged our most
disadvantaged minorities, creating a "new American Gulag"[18] with its own
archipelago of prisons, jails, courts, probation, parole, and, most
recently, compulsory treatment as an alternative to incarceration, blurring
the boundary between treatment and punishment. As we build prisons instead
of schools, the images of young black men being arrested and imprisoned for
drug offenses continue to fill the news media. While all the data suggest
little systematic difference in the prevalence of drug use by "race" or
ethnicity, these images foster the belief that nonwhite Americans use drugs
more than other Americans--an assumption that goes largely unexamined by a
public systematically frightened about our children's almost inevitable
exposure to drugs.43 At the same time, our prejudicial enforcement of drug
laws and the wholesale criminalization of a large cohort of young
inner-city residents serves to sustain and reinforce this stereotype while
fostering social, economic, and political disenfranchisement [44] and
increasing the health and life risk associated with use of drugs.

Drugs can certainly cause harm, but our selective application of punitive
drug prohibition laws are at least as dangerous. These laws have spawned a
lethal biosocial ecology in which the poorest nations and communities are
ravaged by uncontrolled criminal drug markets,[45] emerging infectious
diseases,46 and the widespread corruption of civil society.[47]

Drugs are cheaper, more powerful, and more available today then at any time
in the past 25 years. This new and complex political reality cries out for
effective policies based on sound science, public health priorities and
human rights.[48-50] Yet, after nearly a century of a bankrupt approach to
drug control, we see no end in sight. In June 1998, delegates from all over
the world heard Pino Arlacchi, Executive Director of the UN Office for Drug
Control and Crime Prevention, address the General Assembly's Special
Session on International Drug Control with calls "to start the real war
against drugs and convince nations and people that there could be a
drug-free world."[51]

Effective and publicly acceptable alternatives to a prohibition- based
policy are now available to us in the form of harm reduction approaches
(including needle exchange programs, low threshold treatment, and improved
access to housing and health care for drug users). Harm reduction is
already national policy in a score of countries throughout the world.[52]
But in the US the very use of the term harm reduction is still banned from
the Federal policy lexicon and denied funding because it is seen as
"condoning drug use." Its proponents are vilified as supporters of drug
legalization,[53,54] and critics within the government are cowed into
silence (or anxiously whispered support at AIDS conferences). And there can
be severe penalties for open dissent--as we saw in the case of Surgeon
General Joycelyn Elders.

These are not-so-early warning signs of a great American failure--not only
in drug policy but in our native capacity for creative, compassionate, and
above all open discourse about issues vital to our well-being. It is time
that we move beyond this drug fundamentalism and abandon our unhappy
history of prohibition for more humane and pragmatic policies that protect
public health and support our democratic values.

The author thanks Jennifer McNeely for assistance with this article.

REFERENCES

1. Clinton WJ. The President's message. In: Office of National Drug Control
Policy (US). The National Drug Control Strategy, 1998: a ten year plan.
Washington: ONDCP; 1998.

2. Tufte ER. Visual explanation: images and quantities, evidence and
narrative. Cheshire (CT): Graphic Press; 1997.

3. Drucker E. Harm reduction: a public health strategy. Current Issues
Public Health 1995;1:64-70.

4. Substance Abuse and Mental Health Services Administration (US). National
Household Survey on Drug Abuse. Series H-5: main findings. Washington:
SAMSHA; 1996.

5. Grund JPC, Stern LS, Kaplan CD, Adriaans NFP, Drucker E. Drug use
context and HIV consequences: the effects of drug policy on everyday drug
use in Rotterdam and the Bronx. Br J Addictions 1992;87:41-52.

6. NIH Consensus Development Conference on Methadone, November 17-19, 1997.
Effective Medical Treatment of Opiate Addiction 1997; 15(6):1-38 [cited
1998 Nov 16]. Available from: URL:
http://www.opd.od.nih.gov/consensus/cons/108/108_statement.htm

7. Institute of Medicine. Effectiveness of drug treatment. Vol. 1.
Washing-ton: National Academy Press; 1995.

8. Swarms J. Mayor steps up his criticism of Methadone: accuses drug
pro-grams of enslaving ex-addicts. New York Times 1998 Aug 16. Sect. A:33.

9. Lurie P, Drucker E. An opportunity lost: HIV infections associated with
lack of a national needle-exchange programme in the USA. Lancet
1997;349:604-8.

10. McCaffery BR. A strategy for confronting the nation's drug problem. San
Diego Union Tribune 1998 Aug 2.

11. Office of National Drug Control Policy (US). National Drug Control
Strategy budget summary 1997: FY 1998. Washington: ONCDP; 1998.

12. Department of Justice, Office of Justice Programs (US). Bureau of
Justice Statistics sourcebook of criminal justice statistics: 1996.
Washington: DOJ; 1997.

13. Mark T, McKusick D, King E, Harwood H, Genuardi J. Health care
spending: national expenditures for mental health, alcohol and other drug
abuse treatment, 1996: prepublication release. Washington: Substance Abuse
and Mental Health Services Administration (US); 1998 Sep.

14. Department of Justice, Bureau of Justice Statistics (US). Trends in US
correctional populations, 1995. Rockville (MD): Bureau of Justice
Statistics; 1996.

15. Department of Justice, Bureau of Justice Statistics (US). Sourcebook
1992: correctional populations in the US. Rockville (MD): Bureau of Justice
Statistics; 1993.

16. Department of Justice, Bureau of Justice Statistics (US). Drugs, crime,
and the justice system : a national report. Rockville (MD): Bureau of
Justice Statistics; 1992.

17. Lindesmith Center. Drug prohibition and the US prison system. New York:
The Center; 1998.

18. Christie N. Crime control as industry. London (UK): Routledge; 1993.

19. National Institute on Drug Abuse (US). National survey results from
Monitoring the Future study, 1975-1995. Rockville (MD): National Institutes
of Health; 1996. Pub. No. 96-4139.

20. Substance Abuse and Mental Health Services Administration (US).
National Household Survey on Drug Abuse population estimates, 1997. Series
H-7. Rockville (MD): Department of Health and Human Services; 1998.

21. Substance Abuse and Mental Health Services Administration (US).
Preliminary results from the National Household Survey of Drug Abuse, 1997.
Series H-6. Rockville (MD): National Clearinghouse for Alcohol and Drug
Information; 1998.

22. National Institute on Drug Abuse (US). Topical data from the Drug Abuse
Warning Network (DAWN), 1976-1985, and mid-year preliminary estimates,
1996: trends in drug abuse related hospital emergency room episodes and
medical examiner cases. Series H. No. 3. Rockville (MD): National
Institutes of Health; 1996.

23. Fingerhut LA, Cox CS. Poisoning mortality, 1985-1995. Public Health Rep
1998;113:218-33.

24. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1981. Series I. No. 1.
Rockville (MD): Department of Health and Human Services; 1982.

25. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1982. Series I. No. 2.
Rockville (MD): Department of Health and Human Services; 1983.

26. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1983. Series I. No. 3.
Rockville (MD): Department of Health and Human Services; 1984.

27. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1984. Series I. No. 4.
Rockville (MD): Department of Health and Human Services; 1985.

28. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1985. Series I. No. 5.
Rockville (MD): Department of Health and Human Services; 1986.

29. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1986. Series I. No. 6.
Rockville (MD): Department of Health and Human Services; 1987.

30. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1987. Series I. No. 7.
Rockville (MD): Department of Health and Human Services; 1988.

31. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1988. Series I. No. 8.
Rockville (MD): Department of Health and Human Services; 1989.

32. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1989. Series I. No. 9.
Rockville (MD): Department of Health and Human Services; 1990.

33. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1990. Series I. No. 10.
Rockville (MD): Department of Health and Human Services; 1991.

34. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning
Network (DAWN): annual medical examiner data, 1991. Series I. No. 11.
Rockville (MD): Department of Health and Human Services; 1992.

35. Substance Abuse and Mental Health Services Administration (US). Data
from the Drug Abuse Warning Network (DAWN): annual medical examiner data,
1992. Series I. No. 12-B. Rockville (MD): Department of Health and Human
Services; 1994.

36. Substance Abuse and Mental Health Services Administration (US). Data
from the Drug Abuse Warning Network (DAWN): annual medical examiner data,
1993. Series I. No. 13-B. Rockville (MD): Department of Health and Human
Services; 1995.

37. Substance Abuse and Mental Health Services Administration (US). Data
from the Drug Abuse Warning Network (DAWN): annual medical examiner data,
1994. Series I. No. 14-B. Rockville (MD): Department of Health and Human
Services; 1996.

38. Substance Abuse and Mental Health Services Administration (US). Drug
Abuse Warning Network annual medical examiner data, 1995. Series D-1.
Rockville (MD): Department of Health and Human Services; 1997.

39. Mauer M, Huling T. Young black Americans and the criminal justice
system. Washington: The Sentencing Project; 1995.

40. Fellner J, Mauer M. Losing the vote: impact of disenfranchisement laws
in the US. Washington: The Sentencing Project and Human Rights Watch; 1998

41. Waldorf D, Reinerman C, Murphy S. Cocaine changes. Philadelphia: Temple
University Press; 1991.

42. Department of Commerce, Bureau of the Census (US). Population estimates
from Statistical Abstract of the US: 1994. Washington: The Bureau; 1995.

43. Partnership for a Drug Free America [website] [cited 1998 Dec 5].
Available from: URL: http://www.drugfreeamerica.org/parents/html

44. Tonry M. Malign neglect: race, crime, and punishment in America. New
York: Oxford University Press; 1995.

45. Garrett L. The coming plague: newly emerging infections in a world out
of control. New York: Farrar, Straus and Giroux; 1994

46. Stares P. Global habit : the drug problem in a borderless world.
Washington: The Brookings Institution; 1996.

47. Andreas P. Profits, poverty, and inequality: the logic of drug
corruption. NACLA Report on the Americas 1993; 27(3):22-8.

48. Nadelmann E. Commonsense drug policy. Foreign Affairs 1998;77:111-26.
{MAP URLs: http://www.mapinc.org/drugnews/v98/n032/a04.html
http://www.mapinc.org/drugnews/v98/n032/a03.html }

49. Drucker E, Lurie P, Alcabes P, Wodak A. Measuring harm reduction: the
effects of needle and syringe exchange programs and Methadone maintenance
on the ecology of HIV. AIDS 98 1998;12 Suppl A:S217-S230.

50. Mann J, Tarantola D, editors. AIDS in the world II. New York: Oxford
University Press; 1996.

51. Wren C. UN Special session on drugs meets in New York. New York Times
1998 Jun 7. Sect. A:7.

52. Nadelmann E, McNeely J, Drucker E. International perspectives on harm
reduction. In: Lowinson J, Ruiz P, Millman M, Langrod J. Substance abuse: a
comprehensive textbook. 4th ed. New York: Wiley; 1997.

53. Shea C. Thou shalt not. Washingtonian 1998;10(15):71. {MAP URL:
http://www.mapinc.org/drugnews/v98/n1082/a02.html }

54. McCaffery BR. Decriminalizing drugs is wrong. Cinncinnati Enquirer 1998
Aug 6.

55. Substance Abuse and Mental Health Services Administration (US).
Historical estimates from the Drug Abuse Warning Network: 1978-1994
estimates of drug-related emergency department episodes. Advance Report No.
16. Rockville (MD): Department of Health and Human Services; 1996.
-------------------------------------------------------------------

The New Politics Of Pot (The January issue of Governing magazine,
a periodical for politicians published by the Congressional Quarterly,
predictably tells the pols what they want to hear. Ignoring the schism
between the public and politicians regarding medical marijuana, revealed
again in November's elections, the magazine focuses instead on a purported
schism between the successful mainstream approach of Americans for Medical
Rights and the grassroots activism traditionally fostered by NORML -
implicitly implying that all NORML has to do to achieve comprehensive reform
nationwide is to get everyone to put on suits, quit listening to "reefer
music" and otherwise adopt mainstream tactics.)

Date: Mon, 25 Jan 1999 18:55:39 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: The New Politics Of Pot
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Dave Fratello (amr@lainet.com)
Pubdate: January 1999
Source: Governing Magazine (US)
Section: Feature, page 32
Contact: mailbox@governing.com
Website: http://www.governing.com/main.htm
Copyright: Copyright 1999, Congressional Quartely, Inc.
Author: Russ Freyman

THE NEW POLITICS OF POT

When advocates of medical marijuana couldn't make headway with policy
makers, they took their campaign directly to the voters.

Standing in the foyer of a hotel in Washington, D.C., Bill Zimmerman
looks a bit uncomfortable talking with a reporter who is sporting a
long, gray beard, wearing a lime green shirt and representing a
publication called High Times. Both men are attending a conference
sponsored by the National Organization for Reform of Marijuana Laws, a
group that for many years has pushed for a broad overhaul of national
laws governing cannabis. But amid the festival-like atmosphere - "reefer
music" blares, vendors hawk products made from hemp, and activists carry
guitar cases and pamphlets that tout the benefits of recreational marijuana
use - the smartly dressed Zimmerman, with a copy of the New York Times tucked
under his arm, seems out of place.

Indeed, some members of NORML were overheard condemning him and the
speech that he delivered on the opening day of their annual meeting
last November. It's not that they question his credentials: Zimmerman
holds a doctorate in neuroscience, runs a California political
consulting group and recently published a book entitled "Is Marijuana
the Right Medicine for You?" Rather, they are critical of the
mainstream tactics he has used in recent successful efforts to
legalize marijuana for medicinal use in half a dozen states.

Although his strategy has been focused on getting voter referendums
passed in individual states, Zimmerman's ultimate goal is to have the
federal Drug Enforcement Administration change marijuana from a
Schedule I substance (meaning it has no accepted medical use in the
United States and is highly addictive) to Schedule III status (on a
par with Tylenol with codeine).

Zimmerman's approach does not mollify more radical activists, however.
Nor does his personal belief that the drug should be decriminalized. A
significant segment of NORML thinks that Zimmerman and Americans for
Medical Rights, his Santa Monica-based organization that spearheaded
the 1996 initiative allowing certain patients to smoke marijuana for
medical purposes in California and Arizona, have betrayed the cannabis
movement. They demand removal of all penalties for the private
possession of marijuana by adults.

For his part, Zimmerman refuses to criticize NORML and its supporters,
although his silence when asked about them is telling.

The differences between the two groups go a long way toward explaining
why the marijuana debate has reappeared on the political radar screen
after a decades-long hiatus. Americans for Medical Rights has been
remarkably effective at portraying the medical use of marijuana as an
issue of compassion, rather than of potheads and addiction. The group
made its mark with the two victories in 1996 and then struck gold this
past November, winning votes in Alaska, Nevada, Oregon, Washington and
again in Arizona, where the state legislature forced voters to
validate their 1996 decision on medical marijuana. Polls indicated
similar propositions would have been approved in Colorado, where the
secretary of state invalidated the ballot initiative, and the District
of Columbia, where Congress refused to appropriate money to certify
the results.

How did Zimmerman and Americans for Medical Rights successfully alter
the political landscape on which the medical marijuana issue rests?
For starters, they ran the campaign like a campaign. Zimmerman brought
a wealth of experience managing political races. He helped one member
of Congress win reelection in 1998 and has steered several other
ballot initiatives to victory this decade. He also introduced
time-tested polling tactics to the marijuana measures and, most
important, Americans for Medical Rights attempted to appeal to
mainstream voters, for whom NORML's agenda of sweeping reform and
eventual legalization is taboo.

And while some marijuana advocates spent time debating among
themselves whether hemp oil can reduce cholesterol levels, Americans
for Medical Rights booked doctors on television and radio programs to
discuss how those suffering from glaucoma, chemotherapy-related nausea
or AIDS "wasting" syndrome can benefit from pot. They talked at length
about research and cited a favorable editorial that appeared in the
New England Journal of Medicine. "It was understood," Zimmerman says,
"that this would be a professional campaign."

Dr. Rob Killian is a family practitioner and the leader of Washington
Citizens for Medical Rights, which successfully pushed the state's
Initiative 692. "More of us are seeing it work," he says of medicinal
marijuana. And to him, it seems clear that the messenger is just as
important as the message. "We're using spokespeople who are
mainstream," Killian says of the effort in Washington, where he told
supporters to stop wearing tie-dye and listening to reefer music in
public. He laments, however, that "there are some activists who refuse
to play the game in a winning way."

Equally significant is the manner in which Americans for Medical
Rights and the state organizations associated with them--Killian's
group as well as Oregonians for Medical Rights, Coloradoans for
Medical Rights and so on--have recast the marijuana issue in terms of
the patient's needs. As a result, many hospice workers and nurses, as
well as AIDS and cancer-patient advocacy groups, have lent their support.

"Dying and suffering patients should not be arrested for using
marijuana as a medicine under their doctor's supervision," says Dr.
Richard Bayer, who practices internal medicine in Portland, Oregon,
and was the chief petitioner of the state's successful Initiative 67.

He was heard by voters across the state advocating the usefulness of
marijuana in helping patients deal with pain, fight nausea and help
improve their appetite. Apparently, Oregonians responded to his plea
to have compassion for those who are very ill.

Despite these recent developments, opponents of legalization
efforts--most notably federal and state policy makers and the law
enforcement community--remain firm in their belief that the medical
marijuana movement is just a smoke screen. General Barry McCaffrey,
the White House's drug czar, maintained that proponents in California
and Arizona in 1996 were trying to take a step toward full
legalization. "This is not medicine," he declared. "This is a Cheech
and Chong show."

Law enforcement officers contend that allowing people to use marijuana
could lead to the use of harder drugs as well as make pot more
accessible to youngsters. In addition, they are critical of the
"loose" wording of these ballot initiatives, arguing that the language
about possession and distribution is far too ambiguous. Multnomah
County Sheriff Dan Noelle, who led the campaign against medicinal
marijuana in Oregon, is convinced the public is being hoodwinked.
"This is a national effort with the primary funders working on an
agenda to legalize," he says.

In fact, "medical rights" groups across the country have been
bankrolled, essentially, by three men: billionaire international
financier George Soros, insurance magnate Peter Lewis and John
Sperling, who founded the for-profit University of Phoenix. All of
them have stated publicly that American drug laws make no sense, that
governments should focus on treatment more than punishment and that
marijuana should be decriminalized.

Rhetoric aside, Noelle's observation that the campaign is coordinated
and national in nature is certainly accurate. Although local activists
played a role in the marijuana victories in each state, groups such as
Oregonians for Medical Rights have led the charge--and acknowledged
that they receive some 95 percent of their funding from the national
Americans for Medical Rights. "It's no secret that this is a
multi-state effort," says Amy Klare, a campaign coordinator for
Oregonians for Medical Rights.

University of Southern California Law Professor Charles H. Whitebread,
the author of several works detailing the history of marijuana laws,
is surprised at the results. But then Americans for Medical Rights, he
notes, did something heretofore unheard of. "They demystified this
drug and got rid of the notion of reefer madness."

Many people insist, however, that more research on smoked marijuana
must be conducted before doctors should be able to prescribe it. While
government health officials are hesitant to approve studies, a key
report by the National Academy of Sciences' Institute of Medicine will
be released soon. For the time being, the influential American Medical
Association has come out against the marijuana initiatives.
"Referendums and legislation are not the right way to make scientific
decisions," says an AMA spokesman. "Its efficacy should be established
through well-controlled clinical trials."

The marijuana lobby responds that cannabis is one of the most studied
drugs in history. George Washington University Law Professor Peter H.
Meyers, a former NORML attorney who teaches a class on drugs and the
law, says, "Perhaps we know more about marijuana than any other drug."

In advocates' minds, the overwhelming opposition boils down to
politics. They point to the example of a DEA administrative judge who,
in 1988, said a brief filed by NORML calling for a change to Schedule
II (narcotic, stimulant and depressant drugs) had merit. "Marijuana,
in its natural form, is one of the safest therapeutically active
substances known to man," the judge wrote. But the DEA officially
rejected the opinion. "The only reason they didn't allow medical use
of the drug," asserts Meyers, "is for purely political reasons."

Clearly, the DEA and Congress are not about to change their current
opinion on the matter anytime soon. In fact, the House passed a
resolution opposing medicinal marijuana in 1998. So Zimmerman is
counting on votes in 2000 in Colorado, Maine and Nevada (where state
law requires voters to pass an initiative twice before it can be
enacted) to further pressure the federal government and state
legislatures. Referendums are also possible in Michigan, Ohio and
Massachusetts.

Zimmerman is adamant that his group's only goal is to allow patients
to smoke marijuana as a medicine. Whether or not that could lead to a
slippery slope of use and abuse remains an open question, but it is
hard to dispute the effectiveness of his tactics so far. "The fact
that they have bitten off a small little piece," says USC's
Whitebread, "and treated it like a political campaign is the reason it
is successful."
-------------------------------------------------------------------

Toke Like an Egyptian (The January issue of Fortean Times follows up
on the mysterious discovery of cocaine and nicotine
in Egyptian mummies.)
Link to earlier story
From: "Cliff Schaffer" (schaffer@SMARTLINK.NET) To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org) Subject: Toke Like an Egyptian Date: Fri, 1 Jan 1999 22:31:51 -0800 Sender: owner-drctalk@drcnet.org Fortean Times January 1998 http://www.forteantimes.com/artic/117/toke.html NEGATIVE VIEWS ON SMOKING MUMMIES ARE NOT JUST RESTRICTED TO CIGARETTE PACKETS WILLIAM JACOBS FINDS THAT EGYPTOLOGY HAS ALL BUT IGNORED THE DISCOVERY OF TRACES OF NICOTINE AND COCAINE IN MUMMIES. A bright idea lead to an unprecidented experiment at the Munich Museum. It was the early 1990s. No one had thought to test an Egyptian mummy for drugs before. No one had thought it worth the trouble. The wealth of documents remaining from ancient Egypt frequently bring up the effects of excesses of beer and wine, but mention no other drugs. By 1992, however, thought had begun changing. Egyptologists suspected the use of opium. And a growing minority had begun to reinterpret the lotus motif ubiquitous in Egyptian art. Instead of purely symbolic, it may have indicated its use as an intoxicant. Perhaps there would be something there to find. So the Munich Museum turned to Svetlana Balabanova, a well- respected pathologist associated with the University of Ulm. She took samples of hair, bone and soft tissue from the museum's nine mummies. She tested the samples using radioimmunoassay and gas chromatography/mass spectrometry, common tests used to detect chemicals in a sample.Her results were surprising. So surprising that she sent samples to three independent labs to confirm them. There was no opium, no lotus. But many of the samples contained traces of nicotine and cocaine. The levels were low, but Balabanova believed they must have dropped over the centuries. If her interpretation was right, the levels originally equaled those in modern smokers and cocaine users. But, the only concentrated source of nicotine is tobacco, and cocaine is found only in the coca plant. Both are New World plants, and are generally considered to have been unknown elsewhere before 1492. The Munich mummies lived hundreds to thousands of years earlier. It just didn't make sense.
Link to earlier story
Balabanova was intrigued and found more mummies to test. Since 1992, she has tested hundreds of mummies from Egypt, Sudan, China and Germany ranging from 800 to 3000 years of age. Nicotine showed up everywhere in an average of a third of the mummies from each site. Her findings have appeared in ten articles in medical and archeological journals. Recently, other labs have begun testing Egyptian mummies and finding nicotine. Three samples from the Manchester Museum revealed traces of the drug, as have fourteen samples taken directly from an archeological dig near Cairo. One might think that such surprising findings would cause an uproar in the Egyptological community. In fact, beyond Balabanova's pathology results, there has not been one publication on the subject in the last six years. Few archeologists are even willing to discuss the issue. Of the nearly two dozen Egyptologists contacted for this article, only three agreed to talk about it-only two on the record. Those who are willing do so only to state the case against the findings. Paul Manuelian, an Egyptologist at Boston's Museum of Fine Arts, points to the contents of Egyptian tombs and the paintings on their walls. These included representations of everything the tomb's occupant would need in their next life including such luxuries as beer and opium. But not one tobacco or coca leaf has ever been found. The ancient Egyptians were not shy about their drug use. Representations of alcohol and lotus are common. But there are none of Egyptians using tobacco or coca. This, Egyptologists say, is conclusive evidence. If not in itself, then certainly in conjunction with a rich archeological record completely devoid of traces of the drugs. The tests must be wrong. They suggest that the samples must have been contaminated with the drugs in the lab, or the mummies during excavation, or, uncharitably, the laboratory staff while performing the tests.Those tests are the same used daily in courts of law. Dozens of studies attest to their accuracy on the living and recently dead, but what about ancient mummies? Larry Cartmell, Clinical Laboratory Director at the Valley View Hospital in Aida, Oklahoma and amateur archeologist, has been testing South American mummies for nicotine and cocaine for over a decade. "There is no way to be sure the tests are accurate," he says, "because you can't get historical evidence from the mummies." That is, you can't ask the mummy how much he smokes or if he chews coca leaves. However, his results match well with the cultural evidence. Some mummies are found buried with bags of coca leaves or with a wad of leaves still in their cheek. These mummies test positive for cocaine. Mummies from cultures in which coca isn't important usually don't. Just about everyone tests positive for nicotine. Given the importance of tobacco throughout South American this should come as no surprise. The levels of nicotine and cocaine Cartmell has found in his South American mummies fall at the low end of what one might see in a modern smoker or cocaine user. This suggests that the drugs remain fairly stable in hair and other tissues over the centuries, decaying only very slowly. Balabanova has tested one group of Peruvian mummies. The levels of cocaine she found in a few of them were similar to Cartmell's results. Oddly, she found cocaine in only one other group of mummies, her very first batch from the Munich Museum. Their levels were much lower. The Munich mummies are not a homogenous group; their ages and origins vary widely. No other Old World mummies have revealed cocaine. It would be remarkable if these and only these mummies were exposed to the drug and then coincidentally gathered in Munich. A simpler explanation is that they were exposed during modern times after being brought together at the museum. Pathologists don't fully understand how drugs are absorbed into hair, and nobody has even tried to determine if ancient hair can do so. If it can, perhaps these results can best be explained by someone doing cocaine in the Munich Museum mummy room. Balabanova's nicotine results may not be so amenable to simple explanation. The levels she has found range from nothing up to the lowest levels accepted as proof of smoking in modern hair. Most of her results are typical of environmental exposure. Many common food plants-tomatoes, potatoes, aubergines-contain low levels of nicotine. Small amounts build up in the body just through diet and are detectable using the standard tests. The mummies with the highest levels, however, are difficult to explain environmentally. A study done by a team led by Helen Dimich-Ward in Vancouver, Canada showed comprable levels only in people who were exposed to heavy second hand smoke in their workplaces. Also, the majority of food plants containing nicotine are New World plants inaccessible to the ancient Egyptians. Other tests Balabanova performed further complicate the picture. She tested a number of modern smokers, killed in car crashes, and compared the relative levels of nicotine in their hair and bones with the same tests done on her mummies. While the modern smokers had between 40 and 50 times as much nicotine in their hair than in their bones, her mummies' ratio averaged at only twice as much. Balabanova interprets this result as meaning the original mummy nicotine levels were much higher. While the hair allowed nicotine to decay away, the bone retained the drug far better. If this is true, then the levels she detected were originally 20 to 25 times higher, which would bring them in line with modern smokers. There are several difficulties with this. The first has already been mentioned: the stability of nicotine found by Cartmell. The difference in the two pathologists' results can't be explained as being due to differering lab techniques. Cartmell recently found nicotine levels similar to Balabanova's results in fourteen Egyptian mummies. And Balabanova's nicotine results for Peruvian mummies she tested agree well with Cartmell's for a similar group.A second difficulty also stems from Cartmell's work. Despite several attempts to detect nicotine in mummified bone, he has yet to get a positive result. The samples he used were each taken from mummies with very high nicotine levels in their hair. While he used a different extraction technique than Balabanova, he feels that if there was nicotine there, he would have seen it. The two disparate results stand in stalemate; neither reliable without independent confirmation. Third is the wide range of nicotine levels Balabanova has found. The highest are already at the lower limits of a modern smokers' results. If they are multiplied with the others, they become unreasonably high. Third is the wide range of nicotine levels Balabanova has found. Three of the Egyptian mummies she has tested have nicotine levels in their bones many times greater than those seen in modern smokers. The lethally high levels made her suspect that nicotine may not have been ingested. Instead, they may have been used as part of the embalming process. The idea makes some sense; nicotine in high levels has a preservative and insecticidal effect that would be useful in mummification. According to Lise Manniche in her Ancient Egyptian Herbal, compositae, a plant containing trace levels of nicotine, was used as part of the mummification of Ramses II. If even relatively low levels of nicotine were used in embalming, the multiplied results for the original levels in the hair would be wildly exagerated. In addition to those three mummies, Balabanova found several more with fairly high levels of nicotine in their hair. The highest are already at the lower limits of a modern smokers' results. If they are multiplied with the others, they become unreasonably high. Still, the lack of confirmation of Balabanova's results is not necessarily invalidation. And even if most of her results are explicable as environmental exposure, there are still those few high-nicotine mummies, including one tested at that level by Cartmell, to account for. Perhaps, as the Egyptologists accuse, they are contaminated or fakes. Some mummies excavated in the 19th century were exposed to tobacco smoke, but most recently excavated mummies never get the chance. The common picture of an Egyptological dig includes an Egyptologist in pith helmet and khakis, pipe in hand. Today, however, every effort is made to avoid contamination of a find. The vast majority of modern museums and labs are also smoke-free zones. Importantly, both Balabanova and Cartmell have found that nicotine levels in samples that have been excavated and stored together vary widely. The differences must have originated during the mummies' lifetimes. That does leave possibility that the mummies are fakes. This is only plausable, though, for a few. Most of the mummies were formed naturally, dried by the heat of the desert sands where they were buried-unlikely subjects for hoaxes. Of the artificial mummies, most are well documented-tracked from tomb to display case. Even for those without their papers, fraud is difficult. Ancient Egyptian embalming styles varied like any other fashion. A trained Egyptologist can examine the mummy's bandaging, ornaments and preparation and name its age and origin like a car buff picking out make and model from a look at the styling. So if the mummies and the drugs in their bodies are real can this fit with the lack of written evidence? There does seem to be a hole or two in the archeological record where nicotine might just slip in. The lack of remains and representation in Egyptian tombs is strong evidence against nicotine's recreational use, but not medical use. The ancient Egyptians believed that their afterlife bodies would be perfect versions of the ones they had in life. Without disease or injury, the dead had no need for medicines. So they were not included in the tombs. For the living, Emily Teeter, Associate Curator at Chicago's Oriental Institute Museum says, we have a good record of preserved medical texts and prescriptions. Many of the ingredients, however, while we know their Egyptian names, remain unidentified. Unless a bit of residue is discovered in a labeled bowl, there is no firm way to link ingredient to name. Teeter stresses that there is no reason to assume that any of the names refer to an unknown drug. But the possibility is there. The record is far scantier for folk medicines. No culture is without them, but for the ancient Egyptians they were an oral tradition, never recorded in writing. If nicotine was used, there would be far less evidence to find. Ingredients used, though says Teeter, would probably be local and common. The small number of high-nicotine mummies and, of course, the lack of archeological evidence, seem to argue against tobacco growing wild in the streets. If nicotine was used as a medicine, how was it obtained? Three possible scenarios seem to fit the data: 1) trade with South America 2) a previously unknown Old World species of tobacco existed, but died out before modern times or 3) the nicotine came from some other plant. Beyond the pathology results, there is little to nothing to support the idea of Egyptian trade with the New World. The Egyptians were, according to Teeter, 'famously bad sailors.' They managed to circumnavigate Africa, but only by staying within sight of the coast. They were incapable of crossing the Mediterranean, far less the Atlantic. If they used an intermediary to make the trip, one would expect far more and far more widespread evidence. Even if the Egyptians weren't interested in using cocaine and tobacco as recreational drugs, others of the trader's clients would be. Plant remains and records would trace the route the traders took. Despite diligent searches by those enamored of the idea of pre-Columbian contact, nothing of the sort has been found. NOTES 1. In 1996, three samples from mummies in the Manchester Museum were tested for drugs as part of an Equinox documentary 'The Mystery Of The Cocaine Mummies'. The lab doing the tests was unidentified in the show, but in "Egypt Uncovered" by Vivian Davis and Renne Friedman was named as Medimass Labs. Manchester Museum declined to comment for this article. A search of the Manchester phone book revealed no lab by that name and further extensive searching turned up no more information about the company. So beyond the fact reported in the documentary that the mummies tested positive for nicotine, the precise levels remain unknown. The full text of William Jacobs article appears in Fortean Times 117. OUT NOW
-------------------------------------------------------------------

Marijuana protects your brain (The January-February issue of Cannabis Culture
magazine, in Vancouver, British Columbia, says the US National Institutes
of Health and other researchers have discovered that chemicals in cannabis
can reduce the extent of damage caused by strokes, heart attacks
and nerve gas.)

From: creator@drugsense.org (Cannabis Culture)
To: cclist@drugsense.org
Subject: CC: Marijuana protects your brain
Date: Wed, 16 Dec 1998 08:55:03 -0800
Lines: 73
Sender: creator@drugsense.org
Reply-To: creator@drugsense.org
Organization: Cannabis Culture (http://www.cannabisculture.com/)

This article is a special sneak preview from Cannabis Culture Magazine
issue #16, fresh off the presses and on store shelves soon. It's our
Potseed Special issue, so be sure to check it out!

* * *

Marijuana protects your brain

Studies reveal that marijuana protects against brain damage from stroke,
heart attacks and nerve gas.

By Dana Larsen Cannabis Culture - Jan/Feb

The US National Institute of Health has found that chemicals in cannabis
can reduce the extent of damage during a stroke, at least in rats.

Experiments with rat nerve cells, and then with actual rats, suggest that
THC and cannabidiol, both compounds found in marijuana, can protect cells
by acting as antioxidants, and could be useful in the treatment and
prevention of stroke, heart attacks, and neurodegenerative diseases.

Researchers are investigating how cannabidiol and other antioxidants can
reduce the severity of damage from "ischemic strokes", in which blood
vessels in the brain become blocked.

During ischemic strokes, which make up 80% of all strokes, free radicals
are released into the bloodstream. These harmful molecules are believed to
cause stroke damage, such as paralysis and loss of speech and vision.
Cannabidiol has potent anti-oxidant and anti-inflammatory properties, so it
can neutralize free radicals and limit their damage.

Meanwhile, an Israeli pharmaceutical company called Pharmos is conducting
human clinical trials using a synthetic, injectable version of cannabidiol,
which they have dubbed Dexanabinol.

Dexanabinol's creator is Professor Raphael Mechoulam of Hebrew University
in Jerusalem, who discovered THC in 1964, and has been studying cannabis
for over thirty years.

Dr William Beaver, who chaired a panel assembled last year by the US
National Institute of Health to review the medical uses of marijuana,
called Dexanabinol "the most medically significant use ever made of
marijuana."

The human clinical tests began in 1996 with 67 patients in Israel's
neurotrauma centres. About 1000 patients will be involved in the next
phase, at a cost of $15 million over two years. According to US medical
investment analysts, Dexanabinol showed no serious side effects when
administered to healthy volunteers.

Aside from the five million people worldwide who suffer a stroke or head
trauma each year, there's another huge market for Dexanabinol, the US Army.
US military tests on rats have shown that those exposed to Dexanabinol were
70% less likely to suffer epileptic seizures or brain damage after being
exposed to sarin and other nerve gases. Dexanabinol is effective as both a
preventative measure and as an antidote.

The military's greatest concern seems to be whether Dexanabinol possesses
the same psychoactive and enlightening properties as THC and some other
cannabinoids. Although THC and cannabidiol both provided equal defense
against cell damage, cannabidiol doesn't have significant psychoactive
effects.

Of course, the obvious corollary to this is that if synthetic Dexanabinol
can prevent brain damage, then organic marijuana does so as well. So the
next time grandpa has a stroke, try and get him to take a few bong-hits
before the ambulance arrives. Better yet, give him a hash brownie each
evening before he has that stroke. You might just save his life.

***

Dana Larsen (muggles@cannabisculture.com)
Editor, CANNABIS CULTURE MAGAZINE

***

CClist, the electronic news and information service of Cannabis Culture
To unsubscribe, send a message to majordomo@drugsense.org containing
the command "unsubscribe cclist".

***

Subscribe to Cannabis Culture Magazine!
Write to: 324 West Hastings Street, Vancouver BC, CANADA, V6B 1A1
Call us at: (604) 669-9069, or fax (604) 669-9038. Visit Cannabis
Culture online at http://www.cannabisculture.com/
-------------------------------------------------------------------

How To Make A Difference (An editorial by Dana Larsen
in Cannabis Culture magazine, in British Columbia, spells out
things you can do to help liberate cannabis that don't cost much money.)

Date: Sat, 23 Jan 1999 03:15:03 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Editorial: How To Make A Difference
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: rlake@mapinc.org
Source: Cannabis Culture
Copyright: 1999 Cannabis Culture, redistributed by MAP by permission
Pubdate: Jan/Feb 1999
Contact: muggles@cannabisculture.com
FAX: (604) 669-9038
Mail: 324 West Hastings, Vancouver, BC, Canada, V6B 1K6
Website: http://www.cannabisculture.com/
Author: Dana Larsen, Editor, Cannabis Culture

HOW TO MAKE A DIFFERENCE

In last issue's editorial I complained about the tribulations of producing
this magazine, and the lack of support we receive from some hemp stores and
other businesses. I received a great deal of positive feedback to that
editorial from readers and my peers within this movement. Some readers sent
us sympathetic letters and cheques (bless you all), while many more said "I
am low on cash but want to help. What can I do?" So for this editorial I
have compiled a list of things you can do to help liberate cannabis, but
which don't cost very much money.

- Educate yourself and others. The most important thing you can do is to
learn about the issues and to teach those around you. Get a copy of The
Emperor Wears no Clothes and Marijuana Myths, Marijuana Facts, and read
them both thoroughly. Learn more about drug policy, and make an effort to
find out about developments in other countries. Discuss marijuana and drug
policy with your family, your teachers and students, your clergy, and
anyone else around you. Don't let ignorant prohibitionist comments pass by
unchallenged.

- Write letters to the media. Writing to the media is a more effective way
to shape public opinion than writing to politicians. A short, timely letter
to the editor should take less than an hour to write, and if published it
can reach many thousands of people, sometimes millions. Even if your letter
is not printed, by sending it you increase the chances of a similar letter
being printed instead. If you write a letter or two each week, you will
almost certainly see your work in print on a regular basis, which can be
very satisfying.

The Media Awareness Project (MAP), maintains a cannabis and drug policy
news-feed, accessible via email and the web at http://www.mapinc.org/ .
Their excellent service makes it easy to stay on top of world news, and to
immediately respond to news articles from around the globe.

- Get involved in local politics. Most cannabis political campaigns are
focused on the federal government, but municipal and other local
governments usually control how federal laws are enforced. It is far easier
to have a positive impact on the local political landscape. Attend City
Council and Community Policing meetings, and explain how prohibition is
counter-productive and leads to crime and violence. Get your friends to
come with you. Ask civic leaders tough questions, and educate them about
how they can enact a rational drug policy.

You can even take this idea to the next level and run for municipal office.
An effective mayoral election campaign can be run on a very low budget. An
articulate candidate with a few friends and a photocopier can have a
profound impact on the political debate. Mayor Brian Taylor of Grand Forks,
BC, is an excellent example of what can be accomplished by an outspoken
hempster on a small budget.

- Grow more pot. The war on marijuana is a very real attempt to eradicate
the species Cannabis from the face of the earth. By growing marijuana you
are keeping the cannabis gene pool alive and contributing to cannabis
culture in a very real way. Although getting started on your grow room will
require some investment, the rewards will pay you back many times over.
Once you are growing the fine buds, be sure to set some aside for donation
to your local medical marijuana buyer's club.

- Invest in cannabis culture. When you spend your dollars on a new bong or
a hemp shirt, buy from retailers who put back their earnings into the
movement. Ask hemp store owners and bong merchants how they contribute to
legalization, and encourage them to do more. Volunteer some time helping
them in their activist pursuits.

- Get a job. There's plenty of ways to make a decent living while being
active in the cannabis freedom movement. From growing and selling kind buds
to working in a hemp store, from making hemp twine jewelry to developing
anew hemp technology, from writing articles for pot-mags to carving pipes
and bongs. The ads that fill our pages are a testament to the incredible
entrepreneurial opportunities offered by the worldwide resurgence of
cannabis culture. Take advantage of them.

This list is just the beginning, limited only by your imagination and
dedication. What you do can make a real difference. Never underestimate you
power.

Dana Larsen
Editor, Cannabis Culture
-------------------------------------------------------------------

When Taxpayers Subsidise Junkies (One might think it would be hard
to misrepresent the success of Switzerland's heroin-maintenance experiment
for addicts who don't respond to other programs, but the January issue
of the Australian Reader's Digest pulls out all the stops.)

Date: Wed, 6 Jan 1999 17:30:41 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Australia: When Taxpayers Subsidise Junkies
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Russell.Ken.KW@bhp.com.au (Russell, Ken KW)
Pubdate: Jan, 1999
Source: Readers Digest (Australia)
Contact: editors.au@readersdigest.com
Website: http://www.readersdigest.com.au/
Author: Brian Eads
Note: This appeared in the edition of Readers Digest for Australia only,
which has a circulation of 508,000 and is the 4th largest circulation
magazine in the country.

WHEN TAXPAYERS SUBSIDISE JUNKIES

IT'S TWILIGHT on a winter's day in Bern, Switzerland, and a stream of drug
addicts hurries from the chill into a nondescript building. Seated at small
Formica tables, they swab an arm or leg with antiseptic, slide the needle
into a vein and inject a preloaded syringe of pure heroin-Their narcotic
hunger fed, they shuffle out into the darkness. There are no drug dealers
lurking in the background; the addicts pay only $13 for each fix, about
one-tenth of the price on the streets. They can get up to three fixes a
day: morning, noon and night. The heroin is supplied by the Swiss government.

Welcome to the latest chapter in Switzerland's war on drugs. During a
three-year experiment, special clinics were set up, dispensing heroin,
morphine and methadone, a heroin substitute, to more than 1000 addicts in
15 cities.

The "Medical Prescription of Narcotics Programme" (PROVE) hopes to wean
hard-core users off drugs and, in the process, decrease the spread of HIV,
and cut crime. Advocates claim it is a success, and tout it for other
countries - such as Australia - grappling with drug problems.

But before the rest of us leap, we should take a closer look -we are likely
get a great deal more than we bargained for.

Few go clean.

For Roland Seitz, stick-thin and ravaged by his habit, a programme
promising heroin and a chance to get dean sounded like "paradise on earth."
His journey t0 addiction had begun in 1981, when he was 20 years old. After
losing his job and flat, he lived on the streets, doing whatever it took to
get drugs.

After the PROVE programme began, Seitz injected his first legal heroin at
Zurich social services' "Lifeline" clinic in 1995. 'At the start, it was
great," he says. He was surprised and delighted - to discover that the
maximum limit set by the clinic' was so high that soon he had increased his
intake to more than double the amount he had ever used on the streets.

But no real efforts were made to rescue him from his habit. He spoke to a
doctor only when he felt like it. Social Services found him a room in a
Salvation Army hostel. Occasionally, he'd had a day job in the city.
"During 18 months, I did a total of maybe six weeks' work," he recalls.
When he wanted to inject cocaine - not approved by PROVE - he returned to
the streets to buy it.

Thanks to medical care and generous welfare payments, Seitz's health
improved. But his addiction deepened. "They'd given up on me," he
concluded. "They gave me heroin to keep me quiet. I finally realised that
the heroin project was as bad as the drug scene."

Seitz quit the programme to fol1ow the harder road of detoxification and
total abstinence. Within six months he was drug free.

According to PROVE's official guidelines, a principal aim for participating
addicts was "wherever possible, dropping the habit." In fact, four years
after the project started, few participating addicts are drug free. Of
about 800 people in the experiment, only 83 (just over ten per cent)
decided to give up heroin and switch to "abstinence therapy," leaving the
rest still addicted. Roland Seitz feels he made it off drugs not because of
the programme, but despite it.

In July 1997, using data provided by heroin clinics and addicts,
independent University of Zurich researchers published the official
findings. Most addicts' health and lifestyle was judged to have improved.
The number working more than doubled (from 14 per cent to 32 per cent);
crime and court convictions fell dramatically. The programme was pronounced
a success.

However, the research report that cites the programme's success has been
attacked for its unscientific approach. Addicts were often unsupervised,
many of them were multi-users who continued buying illegal drugs on the
streets, and others maintain they weren't even hard-core heroin addicts
when they started participating in the programme.

Claudio Ponte smoked heroin three or four times a month... he hoped the
novel treatment approach would help him. It didn't

Construction worker Claudio Ponte was one of them. On oral methadone for 17
years, Ponte smoked heroin three or four times a month. Nonetheless, he
signed on at the clinic in Olten, his home town in Northern Switzerland,
hoping the novel treatment approach would help him kick his habit. It
didn't. Once he joined the programme he started injecting heroin every day.

"Some addicts have given up on their lives. For them it was agreeable," he
recalls. "I wanted to get out. But as long as you're behind the wall of
heroin nobody can reach you."

Finally, Ponte did get out. But not thanks to prescription heroin.
Sentenced to four years in prison for dealing heroin and cocaine, he
accepted a judge's offer of bail on condition that he undergo
detoxification and residential abstinence therapy. Since Christmas 1996 he
has stayed off drugs. The solidly built 36-year-old now plans to work in
drug-use prevention.

What began as a brief trial aimed at drug-free lives has been transformed
into long-term heroin maintenance - and is now part of a longer effort to
'normalise' illegal drug usage.

At Bern's heroin clinic I asked doctors if I could meet with a patient
considered a success of the PROVE programme. They introduced me to Miriam*,
39, a former nurse. Long ago, she had been a university student majoring in
music and German with high hopes for the future. She'd used heroin and
cocaine for eight years and was living in the streets before enrolling in
the programme. Now she had a restaurant job and a flat, and had cut down
her daily heroin dose.

But as we talked, she twisted nervously in her chair. It was past the time
of her usual evening fix. Like almost every other junkie in Switzerland's
giveaway-heroin programme, Miriam is still an addict. Though the heroin
experiment ended officially on December 31, 1996, "treatment" continues for
the people still in the programme. "It would be unethical to stop giving
them heroin now," says Dr Christoph Burki of Koda-1, the Bern heroin
clinic. And in fact, what began as a brief trial aimed at drug-free lives
has been transformed into long-term heroin maintenance -and is now part of
a longer effort to "normalise" illegal drug usage in Switzerland.

Last year, the Swiss Parliament approved a proposal to make heroin
available to all hard-core addicts who fail in other treatment programmes.
For the remainder of the country's drug users, proposed changes in the
narcotics law may decriminalise all possession and use of all illegal
substances. "Our experts tell us it doesn't make sense to distinguish
between hard and soft drugs," says Dr Thomas Zeltner, director of the Swiss
Federal Office of Public Health.

Jean-Paul Vuilleumier, a campaigner for the anti-narcotics movement Youth
Without Drugs, and an opponent of PROVE, worries that "other countries will
now follow our bad example." They are. In the Netherlands, Italy, Germany
and Denmark, Swiss-style programmes have begun or are being considered. In
November 1997 the Civil Liberties Committee of the European Parliament
recommended that EU member states decriminalise illegal drugs. However, the
move was blocked by the Parliament's General Assembly.

In Australia, a council of federal, state and territory health and law
ministers, held in July 1997, backed proposals for a heroin-on-prescription
pilot study. Initially to supply 40 Canberra addicts with free heroin for
six months, the programme could eventually recruit 1000 heroin users in
three Australian cities over two years. Before it could begin, however,
Prime Minister John Howard vetoed the proposal in response to community
concerns.

The debate is not over yet. Last November both the Council of Capital City
Lord Mayors and the cross-party Australian Parliamentary Group for Drug Law
Reform voted to continue lobbying for new approaches to drug regulation,
including prescription trials. "There's a strong case for considering
seriously any new approach that has a reasonable chance of working," argues
Alex Wodak, president of the Australian Drug Reform Foundation. "If our aim
is to reduce deaths, disease, crime and corruption, why not use as a model
Switzerland, where real progress is being made?"

But decriminalisation experiments have already been tried. Sweden began
giving away injectable drugs in 1965. They stopped two years later, because
"neither drug use nor criminality decreased," says Torgny Peterson,
Stockholm director of European Cities Against Drugs. "It was a complete
disaster," he adds. Sweden now has the toughest drug laws in Europe.

In England Dr John Marks handed out heroin to almost 200 patients for years
with the aim of reducing addiction and drug related crime. Ironically, soon
after PROVE was launched Dr Marks had his funding removed. Officials in
England halted routine heroin handouts and transferred patients to other,
cheaper treatment programmes. "There was no evidence that heroin
prescription did anyone any more good than methadone," explains Dr Paula
Grey, the district's public health director.

Recipe For Disaster.

The number of addicts in Switzerland has not decreased. But of more than
1500 places at drug-therapy hostels, whose purpose is to get addicts off
drugs, some already remain untilled. "Switzerland has good therapeutic
facilities, but government policies on drugs are undermining them," warns
pharmacist and psychologist Dr Franziska Hailer. "The state is sending the
wrong signal to young people."

From Vienna, the International Narcotics Control Board watches the Swiss
situation with concern but is powerless to intervene. "The Swiss are
playing with fire, and we don't know where it will lead," cautioned
secretary Herbert Schape. "Just imagine what would happen if countries like
Pakistan, with hundreds of thousands of drug addicts, say to us 'What's
good for the Swiss must be good for us too.' It's a recipe for disaster."

* Name has been changed to protect privacy.
-------------------------------------------------------------------

Jail, Cane For Not Providing Urine Sample (The Straits Times, in Singapore,
says a man who defied prohibition agents by peeing in his trousers
rather than provide a urine sample has been sentenced to six years' jail
and three strokes of the cane. In Singapore, a first-time offender who fails
to give a urine sample can be jailed for up to 10 years or fined $20,000
or both.)

Date: Fri, 1 Jan 1999 20:45:11 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Singapore: Jail, Cane For Not Providing Urine Sample
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Explorer
Source: Straits Times, The (Singapore)
Contact: straits@cyberway.com.sg
Website: http://straitstimes.asia1.com/
Copyright: 1999 Singapore Press Holdings Ltd. All rights reserved.
Pubdate: 1 Jan 1999

JAIL, CANE FOR NOT PROVIDING URINE SAMPLE

A JOBLESS man who defied narcotics officers by peeing in his trousers
rather than provide a urine sample has been sentenced to six years' jail
and three strokes of the cane.

Later investigations showed that Loke Tuck Fatt, 39, had taken heroin.

The Central Narcotics Bureau highlighted the case on Wednesday. Loke is the
first person to be sentenced under the Long Term Imprisonment rule for
failing to provide a urine sample.

The bureau's assistant director of intelligence, Mr Muhammad Azni Sarbini,
said it was common for people resisting urine tests to wet their trousers,
but this was the first time such a heavy punishment was meted out to one of
them.

Loke had been admitted to the Sembawang Drug Rehabilitation Centre in 1993
and 1996, and thus fell under the Long Term Imprisonment rule, which came
into effect on July 20 this year. A first-time offender who fails to give
urine samples upon request can be jailed for up to 10 years or fined
$20,000 or both.

Loke, who was on the wanted list after he failed to return to the Lloyd
Leas Work Release Camp, was arrested on Dec 6. For failing to provide a
urine sample, he was sentenced on Dec 24 to jail and the cane. He received
another four months' jail for failing to return to the work release camp.
Both sentences will run concurrently.

-------------------------------------------------------------------

[End]

Top
The articles posted here are generally copyrighted by the source publications. They are reproduced here for educational purposes under the Fair Use Doctrine (17 U.S.C., section 107). NORML is a 501 (c)(3) non-profit educational organization. The views of the authors and/or source publications are not necessarily those of NORML. The articles and information included here are not for sale or resale.

Comments, questions and suggestions. E-mail

Reporters and researchers are welcome at the world's largest online library of drug-policy information, sponsored by the Drug Reform Coordination Network at: http://www.druglibrary.org/

Next day's news
Previous day's news

Back to the 1999 Daily News index for Jan. 1-7

to the Portland NORML news archive directory

Back to the 1999 Daily News index (long)

This URL: http://www.pdxnorml.org/ii/990101.html